In Delaware, what is the requirement for creating a Joint Tenancy with right of survivorship?

Prepare for the Delaware Property Law Exam with our comprehensive study guide featuring flashcards and multiple choice questions. Each question includes hints and explanations to aid your learning. Get ready for success!

Creating a Joint Tenancy with right of survivorship in Delaware requires a conveyance that explicitly names multiple individuals as joint tenants. This means that ownership is established simultaneously, ensuring that all tenants have equal rights to the property and that upon the death of one tenant, the remaining tenants automatically inherit the deceased tenant's share. This characteristic of joint tenancy is critical as it allows for the right of survivorship, which is a defining feature of this type of ownership, distinguishing it from other forms of co-ownership, such as tenancy in common.

The option involving "conveyance to oneself and others" accurately reflects the necessary legal framework for joint tenancy because it emphasizes that the property must be transferred in such a way that all parties involved are designated as co-owners from the outset, rather than one party acquiring the property and later adding others. This simultaneous creation of the ownership interest is essential for the survivorship right to take effect.

In contrast, the other choices do not meet the legal criteria for establishing a Joint Tenancy with right of survivorship. They either impose limitations or do not provide the necessary framework for simultaneous ownership, which is crucial for the right of survivorship to operate correctly. Understanding this requirement is fundamental for practitioners dealing with property law in Delaware

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