What type of tenancy, involving a husband and wife, was abolished in 1985?

• A. Joint Tenancy
• B. Tenancy in Common
• C. Estate by the Entireties
• D. Life Estate

Answer: (C)

The correct answer is the estate by the entireties. This type of tenancy was specifically designed for married couples, allowing them to hold property jointly with rights of survivorship. This means that when one spouse dies, the other automatically inherits the entire property without the need for probate.

In 1985, Ohio abolished the estate by the entireties, primarily to eliminate the complexities and possible inequities associated with this form of ownership. The change allowed couples to hold property as joint tenants or tenants in common instead, thereby simplifying property ownership among spouses and addressing issues related to divorce, creditors, and inheritance.

Joint tenancy, which allows co-owners to inherit each other's share, and tenancy in common, which allows each owner to have a distinct share that they can sell or transfer as they choose, remain active forms of property ownership. Life estates, where an individual has the right to use the property for their lifetime but cannot leave it to heirs, are also still recognized and were not impacted by the 1985 change.