Chapter 4 Flashcards

1
Q

Ownership in severalty

A

Is ownership by one person or entity

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2
Q

Real Estate Investment Trust(REIT)

A

at least 100 investors and organized as a trust

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3
Q

Co-ownership
Form of ownership where 2 or more people share title to real property with each person having an undivided interest in property ownership
The term”undivided” - the property has not been physically divided

A

Four types of Ownership
*Tenancy in common
*Joint tenancy
*Tenancy by the entireties
*Marital property rights

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4
Q

Survivorship allows the fractional interest of one co-owner, when they die, to automatically pass their interest on to the other co-owners without going through probate

A
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5
Q

Unities of ownership (P-I T-T)
*Possession
*Interest
*Time
*Title

A
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6
Q

Unity of possession

A

Each co-owner is entitled to possession of the entire property because the ownership interests are undivided

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7
Q

Unity of interest

A

each co-owner has an equal interest in a property(equal share of ownership)

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8
Q

Unity of time

A

Each co-owner acquired the title at the same time

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9
Q

Unity of title

A

each co-owner acquired title through the same instrument, whether that instrument was a deed, will, or court order

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10
Q

Tenancy in common
The most basic form of co-ownership

A

DOES NOT include the right of SURVIVORSHIP
The unity of possession is always present with tenancy in common

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11
Q

Joint tenancy
The unity of possession. Allows all the joint tenants to have the right of use and possession of the entire property

A

Has all 4 units
Unity of possession
Unity of interest( all parties have equal shares)
unity of time
Unity of title

INCLUDES SURVIVORSHIP

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12
Q

Tenancy by the entireties
For married couples
Form of ownership between spouses in which each spouse owns an undivided one half interest in the property with right of survivorship

A
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13
Q

Marital property rights
Community property right- property that was acquired after marriage
Separate property- property that was acquired before marriage

A

Separate property can be transferred with our consent and signature of the spouse who is not indicated within the title to the property

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14
Q
A
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