Concurrent Ownership. Tenants in Common Default method under modern law “To A and B” “To A and B as tenants in common” No survivorship rights.
Post on 17-Dec-2015
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Concurrent Ownership
Tenants in Common
Tenants in Common
Default method under modern law
“To A and B”
“To A and B as tenants in common”
No survivorship rights
Joint Tenants
Default method under common law
Survivorship feature
“To A and B as joint tenants”
Note that many states, including Texas, require the survivorship feature to be expressly stated, that is, “To A and B as joint tenants with right of survivorship.”
Joint Tenants – Unities of Title – “T-TIP”
Time
Title
Interest
Possession
Tenancy by the Entirety
Special type of joint tenancy between spouses
“To A and B as tenants by the entireties”
Marital Estates
Arise by operation of law, not because of intent of the parties.
Jure Uxoris
Upon marriage but before birth of child
Husband has a life estate in wife’s property for the life of wife
Curtesy Initiate
Upon birth of first child and while wife is still alive
Husband will have life estate in wife’s property until husband dies
Curtesy Consummate
Upon wife’s death assuming at least one child was born to the marriage
Husband has life estate in wife’s property
Dower
Wife has no lifetime interest in husband’s property
Upon husband’s death, wife receives a life estate in 1/3 of husband’s real property he owned anytime during the marriage
Modern Protection for Surviving Spouse Spouse made an heir
Common law marital property states = forced (elective) share
Community property marital property states = community property
Homestead
In re Estate of Michael
“To H and B, tenants by the entireties, and F and H, tenants by the entireties, with right of survivorship.”
H dies first; then B dies.
What interest, if any, did B own when B died?
In re Estate of Micheal
Courthouse where case
was litigated
Laura v. Christian
Jackson v. O’Connell
A, B, and C held as joint tenants with survivorship right.
A sold A’s interest to B.
B died leaving her interest to 4 nieces.
How much do the nieces receive?
Matter of Estate of Vadney
A conveyed “to A and B.”
A died.
How much does B now own?
Matter of Estate of Vadney
Jones v. Green
Grant provided “to A and B as joint tenants with full rights of survivorship and not as tenants in common.”
May A partition?
Duncan v. Vassaur
Husband and Wife owned property as joint tenants with survivorship rights.
Wife killed Husband.
Wife conveyed her share to her Father.
How much does Father own?
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