Florida Broker Practice Exam

Which of the following is considered involuntary alienation?

1. Deed

2. Will (testate)

3. Descent (intestate)

4. Mortgage

The correct answer is: Descent (intestate)

Involuntary alienation refers to the transfer of property ownership without the consent of the owner. This often occurs due to legal processes or events that compel a change in ownership, rather than through the owner's voluntary action. Descent, which occurs when a property owner dies intestate (without a will), is a key example of involuntary alienation. In such cases, the property is transferred according to state laws of succession, which determine how the deceased's assets are distributed among heirs. The original owner did not actively choose to transfer the property; rather, it is passed on based on legal statutes governing inheritance. In contrast, a deed is a voluntary document used by an owner to transfer real estate to another party, and a will represents a voluntary choice made by a person to distribute their property after death. A mortgage is also a voluntary agreement where the property owner uses the property as collateral for a loan; while it can lead to involuntary alienation if the borrower defaults, the initial action of mortgaging the property is intentional.