What is the term for a life estate given to a surviving husband in real estate owned by his deceased wife?

Study for the 75 Hour Broker Pre Licensing Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The term for a life estate given to a surviving husband in real estate owned by his deceased wife is known as curtesy. This legal concept arises from common law and traditionally grants the surviving husband a life estate in a portion of his deceased wife's property. Curtesy typically applies when the property is solely owned by the wife and she passes away, allowing the husband to have the right to use and benefit from that property for the remainder of his life.

This arrangement ensures that the surviving spouse retains some benefits from the property, as women historically had limited rights regarding property ownership. It reflects the intention to provide financial security to the surviving husband in the event of his wife’s death.

The other terms listed are associated with different aspects of property law. Community property refers to a legal framework in which both spouses own equal shares of property acquired during the marriage. Homestead typically relates to a legal protection for a homeowner’s primary residence from foreclosure and creditors. Fee simple is the most complete form of ownership, allowing the owner full control over the property without limitations imposed by the prior owner. Each of these terms applies to a different legal situation or ownership structure, which is why curtesy is the correct term in this context.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy