3. Co-Tenancy

Question 1

What is Co-Tenancy?

Answer 1

Co-Tenancy is when property is being transferred to more than one person to be held concurrently.

Question 2

What are the three types of concurrent ownership?

Answer 2

• Tenancy in Common
• Joint Tenancy
• Tenancy by the Entirety

Question 3

What is a Tenancy in Common?

Answer 3

Tenancy in Common is concurrent ownership where co-tenants have undivided interests in the property with no right of survivorship.

Question 4

What Language is required to create a Tenancy in Common?

Answer 4

No special words are required to create a Tenancy in Common.

Question 5

Can Co-tenants hold unequal shares of the land?

Answer 5

Yes, tenants in common can hold unequal shares of the land.

Question 6

What happens when a property is devised to multiple individuals in a will without specifying the type of interest?

Answer 6

They automatically hold it as tenants in common.

Question 7

What type of Possession is Required for a Tenancy in Common?

Answer 7

Unity of possession is required.

Question 8

How is a Tenancy in Common Transferred When Tenant is Alive?

Answer 8

A tenant in common may transfer his interest voluntarily or involuntarily.

Question 9

How is a Tenancy in Common Transferred voluntarily when Tenant is Alive?

Answer 9

Through a conveyance, lease, mortgage, or other transfer.

Question 10

How is a Tenancy in Common Transferred involuntarily when Tenant is Alive?

Answer 10

Through foreclosure on a mortgage or execution of a judgment creditor’s lien.

Question 11

Is a Tenancy in Common Devisable?

Answer 11

Yes, a Tenancy in Common is Devisable.

Question 12

Can a Tenancy in Common be Transferred by Intestacy?

Answer 12

Yes, a tenant in common may descend by intestacy.

Question 13

What happens when a tenant in common wants to create an easement or resolve a boundary dispute?

Answer 13

It will not affect the legal rights of any other tenants in common who do not sign the grant or agreement.

Question 14

What is the limitation of one tenant in common who has sole occupancy of the premises?

Answer 14

Only agreements that all tenants in common sign will apply to all of them.

Question 15

What is a Joint Tenancy?

Answer 15

Joint Tenancy is concurrent ownership where co-tenants have undivided interests in the property with survivorship rights.

Question 16

What is Required for a Grantor seeking a Joint Tenancy?

Answer 16

The grantor must use language to demonstrate the intent for the right of survivorship.

Question 17

What is a Right of Survivorship?

Answer 17

If one joint tenant dies, the decedent’s interest terminates and the survivor’s interest increases to 100%.

Question 18

How is a Joint Tenancy created?

Answer 18

By satisfying four unities: Time, Title, Interest, and Possession.

Question 19

What are two ways that a Joint Tenancy can be terminated?

Answer 19

• Partition
• Severance

NOT BY WILL THOUGH!

Question 20

How is a Joint Tenancy Severed?

Answer 20

If one joint tenant conveys their interest during their lifetime.

Question 21

What happens after a Joint Tenancy is Severed?

Answer 21

It creates a tenancy in common between the remaining tenant and the conveyance.

Question 22

Can a Joint Tenancy be re-established once it has been severed?

Answer 22

No, it cannot be re-established until the four unities are satisfied.

Question 23

What is an involuntary conveyance of a Joint Tenancy?

Answer 23

It occurs when a creditor forces a sale of a joint tenant’s interest.

Question 24

Can a Joint Tenancy with a Right of Survivorship be severed under a will or descending by intestacy?

Answer 24

No, the Right of Survivorship prevents it from being severed by a will or descending by intestacy.

Question 25

What happens when joint tenants join in a mortgage on a property?

Answer 25

The mortgage does not affect the joint tenancy but encumbers both interests.

Question 26

What happens when only one Joint Tenant Mortgages his Interest on a property?

Answer 26

It depends on whether the jurisdiction follows the title theory or the lien theory.

Question 27

What happens When Only One Joint Tenant Mortgages his Interest in a title theory state?

Answer 27

It severs the joint tenancy and creates a tenancy in common.

Question 28

What happens when One Joint Tenant Mortgages his Interest in a lien theory state?

Answer 28

It does not sever the joint tenancy, so the survivor will still inherit the land.

Question 29

What happens to the Joint Tenancy when a Foreclosure happens in a lien theory state?

Answer 29

Foreclosure will sever the joint tenancy.

Question 30

What happens when a Joint Tenant dies before the mortgagee forecloses?

Answer 30

The surviving tenant takes the property free of the mortgage.

Question 31

What happens When One Joint Tenant does not consent to the other co-tenant Mortgaging their interest?

Answer 31

Only the mortgaging co-tenant's half is subject to the mortgage.

Question 32

What is Tenancy by the Entirety?

Answer 32

Concurrent ownership for married couples with undivided interests and a right of survivorship.

Question 33

How is a Tenancy by the Entirety Created?

Answer 33

By deed or will, but not by descent.

Question 34

How is a Tenancy by the Entirety Severed?

Answer 34

1. By joint conveyance of both spouses; 2. conveyance of one spouse to the other; or 3. divorce.

Question 35

What is a Partition?

Answer 35

When co-owners divide or separate their ownership interests in the property.

Question 36

What co-tenant has the right to seek partition of the property?

Answer 36

Each co-tenant has the right to seek partition.

Question 37

What is a Voluntary Partition?

Answer 37

Occurs when all co-owners agree to divide property without legal intervention.

Question 38

What is Involuntary/Judicial Partition?

Answer 38

A court action to determine each co-tenant's share and whether to divide or sell the property.

Question 39

What are the two types of involuntary partition?

Answer 39

* Partition In-Kind * Partition By Sale

Question 40

What is Partition in-Kind?

Answer 40

Divides the property physically, granting individual ownership to co-owners.

Question 41

What is Partition by Sale?

Answer 41

Court orders sale of the property if physical division is not feasible.

Question 42

What happens when a partition cannot produce equal shares?

Answer 42

The party receiving the larger portion must make a cash payment to the other party.

Question 43

What are the Possession rights of co-tenants on a property?

Answer 43

Each co-tenant is entitled to possess the whole property.

Question 44

What remedy is available for a co-tenant if they are denied possession of the property?

Answer 44

They can bring suit for damages and/or ejectment.

Question 45

What is a Wrongful Ouster of a Co-tenant?

Answer 45

When one co-tenant excludes another from the jointly held property.

Question 46

How does a Co-Tenant Oust Themselves from the Property?

Answer 46

By acting in direct contravention of their co-tenant rights.

Question 47

What are the rights of an Out-of-Possession Co-Tenant to Share in Rents and Net Profits of the Property?

Answer 47

All co-tenants are entitled to a proportionate share of the profits.

Question 48

Can an Out-of-Possession Co-Tenant demand rent from the other co-tenant who is in actual possession of the property?

Answer 48

No, unless there's a wrongful ouster or property depreciation.

Question 49

What is the duty for Co-Tenant’s Taxes and Mortgage Payments on a Property?

Answer 49

Each co-tenant must pay a proportionate share.

Question 50

Can one co-tenant in sole possession that pays the Taxes or Mortgage on a Property recover from the other co-tenant?

Answer 50

Yes, they may seek contribution or recover in an accounting or partition suit.

Question 51

When can a co-tenant in sole-possession receive reimbursement for paid taxes or Mortgage on a Property?

Answer 51

Only to the extent that the payment exceeds the rental value.

Question 52

What is the duty for Co-Tenant Repairs on a Property?

Answer 52

No direct duty of repair exists for co-tenants.

Question 53

Can a co-tenant who makes repairs to the property be compensated?

Answer 53

Yes, by a set-off against third-party rents or proceeds in a partition action.

Question 54

What is the duty for Co-Tenant’s Improvements to the Property?

Answer 54

Co-tenants are not obligated to improve the property.

Question 55

Can a co-tenant get a contribution for improvements from the other co-tenant?

Answer 55

No, generally they cannot get contribution.

Question 56

Are costs recoverable for a co-tenants improvement that generated increased rents or profits?

Answer 56

Yes, recoverable only in a partition suit.

Question 57

Can a co-tenant recover improvements to the property if the property is sold?

Answer 57

Yes, they receive the attributable amount.