Ch 5 Section 2 Sole Ownership, Joint Ownerhsip, and Trust Flashcards
Ways you can hold a title
- Tenancy in severalty (single or sole owner)
- Joint tenancy (co-ownership, 2 or more)
- Tenancy in partnership
- Tenancy in trust (title held trustee)
Tenancy in Severalty
involves individual ownership of real property
Joint tenancy
( JTROS)
an estate owned by 2 or more person each with the right of survivorship
4 unities to create a joint tenancy :
hint : T T I P
- Title
- Time
- Interest
- Possession Joint
Unity of Title
joint tenants mus acquire title from the same instrument ( same deed or same will)
Unity of Time
all joint tenants must be named at the same time
Unity of Interest
all joint tenants own on single interest, together equally.
Unit of Possession Joint
tenants must have undivided possession of the whole property
Tenancy by the Entireties
(estate)
can exist only between a husband and wife
Tenancy in common
(estate)
most common form of co- ownership and the one that is assumed unless some other form or tenancy is clearly specified
Tenancy in Partnership
an association of 2 or more persons who carry on a business for profit as co- owners
2 Types of partnership tenancies :
- General and limited partnerships
General partnership:
does not need to be in writhing though it is always advisable to get agreements in writing when possible
Limited partnership:
agreement must be in writing
Tenancy in Trust
Few simple title to real estate can also be held in a trust