What is the assumption of ownership for a married couple if not stated otherwise in their deed?

When determining the assumption of ownership for a married couple if not stated otherwise in their deed, the correct understanding revolves around how real property is typically divided between spouses.

In many jurisdictions, when a married couple holds property together without a specified designation, the default form of ownership often applies. Tenancy in common is a common form of ownership that allows two or more individuals to own a property independently, where each party has a distinct share of the property that can be sold or transferred without the consent of the other owners.

This means that, unless specified otherwise, married couples usually default to a scenario where they each own a separate interest in the property. This also allows for greater flexibility regarding the transfer of their respective shares in the property, as it does not impose any restrictions like those found in joint tenancy or tenancy by the entirety.

While options such as joint tenancy, community property, and tenancy by the entirety are also forms of ownership that married couples might partake in, they generally come with specific legal implications and requirements, such as survivorship rights or restrictions on transfer. Without explicit indications in their deed, the default of tenancy in common is a more neutral and generally applicable assumption.