What form of ownership should an unmarried couple use if they want the deceased member's share to go to their heirs?

The correct form of ownership for an unmarried couple who wishes for the deceased member's share to pass to their heirs is tenancy in common. This type of ownership allows each party to own a distinct share of the property, and importantly, when one owner dies, their share does not automatically transfer to the surviving owner, but instead goes to their heirs as dictated by their will or state inheritance laws.

In contrast, joint tenancy includes a right of survivorship, meaning that upon the death of one owner, their share automatically transfers to the surviving owner, which would not allow the deceased member's share to go to their heirs. Tenancy by the entirety is a form of joint ownership available only to married couples, hence it is not applicable to an unmarried couple. Community property is also specific to married couples and involves shared ownership of assets acquired during the marriage, which does not recognize individual heirs' rights in the same manner as tenancy in common. Therefore, tenancy in common is the most suitable choice for an unmarried couple intending for their shares to go to their respective heirs upon death.