Chapter 4 Flashcards
Ownership in severalty
Is ownership by one person or entity
Real Estate Investment Trust(REIT)
at least 100 investors and organized as a trust
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
Four types of Ownership
*Tenancy in common
*Joint tenancy
*Tenancy by the entireties
*Marital property rights
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
Unities of ownership (P-I T-T)
*Possession
*Interest
*Time
*Title
Unity of possession
Each co-owner is entitled to possession of the entire property because the ownership interests are undivided
Unity of interest
each co-owner has an equal interest in a property(equal share of ownership)
Unity of time
Each co-owner acquired the title at the same time
Unity of title
each co-owner acquired title through the same instrument, whether that instrument was a deed, will, or court order
Tenancy in common
The most basic form of co-ownership
DOES NOT include the right of SURVIVORSHIP
The unity of possession is always present with tenancy in common
Joint tenancy
The unity of possession. Allows all the joint tenants to have the right of use and possession of the entire property
Has all 4 units
Unity of possession
Unity of interest( all parties have equal shares)
unity of time
Unity of title
INCLUDES SURVIVORSHIP
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
Marital property rights
Community property right- property that was acquired after marriage
Separate property- property that was acquired before marriage
Separate property can be transferred with our consent and signature of the spouse who is not indicated within the title to the property