What type of co-ownership includes the right of survivorship and cannot be sold unilaterally by one spouse?

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The correct answer is indicative of a form of co-ownership known as "tenancy by the entirety." This unique arrangement is specifically designed for married couples, as it incorporates the right of survivorship, meaning that if one spouse passes away, the other automatically inherits their share of the property without the need for probate.

Additionally, in tenancy by the entirety, the property cannot be sold or encumbered without the consent of both spouses. This provision protects the ownership interest of each spouse and ensures that one cannot make unilateral decisions regarding the property, promoting joint control and unity in ownership.

In contrast, other forms of co-ownership like joint tenancy also include the right of survivorship but can be severed by one party's action, which is not the case with tenancy by the entirety. Community property is a form of ownership applicable in certain jurisdictions, primarily concerning how assets acquired during marriage are managed, and it does not inherently include the right of survivorship. Tenancy in common allows for individual ownership shares that can be sold or willed independently, lacking the survivorship aspect entirely.

Understanding the implications of each type of co-ownership is crucial, particularly in the context of rights, responsibilities, and the legal consequences for married couples in property ownership.

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