Chapter 4 Ownership Flashcards
Tenancy In Severally is also know as
Sole ownership in severally estate in severally. Are also know as
Tenancy In Common aka estate in common each can own a specific percentage does not have to be equal. is a form of coowneeship where people are not married. What are the characteristics
Two or more owners Any number of people maybe co tenants in a single property
identical rights i’ll have equal rights
interest individually owned
electable ownership shares Tenants determine what percentage of the property they may all they do not have to be equal
no survivorship In a descendants Co tenants
estate passes by probate to the descendants heirs does not pass to the other co tenants
no unity of time It is not necessary for tenants in common to acquire their interest at the same time
Joint tenancy- tenant in common
Unity of ownership
Equal ownership
Transfer of interest
Survivorship
Joint tenancy (tenants in common) Definition of unity of ownership
Do joint tenants hold a single title or have separate titles
Joint tenants hold a single title to the property
Joint tenancy (tenants in common) Definition of equal ownership Does each owner have an equal share or can it be devided
All owners are joint owners 4 owners 25%. Ten owners 10%
Joint tenancy (tenants in common) Definition of transfer of interest Can a joint tenant transfer interest?
Yes it transfers at the same interest the person currently owns
Joint tenancy (tenants in common) Definition of survivorship Who does the joint tenant pass to?
Can it pass to heirs
Do creditors have a claim
Joint tenant transfers to the other joint tenants
Heirs and creditors have no claim.
If only one joint tenant remind it becomes estate in severalty
Creation of joint tenancy requires four unities which is not one of them
A time B title C interest D possession. E all of the above are correct
All of the above are correct
Time - all parties must acquire the joint interest at the same time
Title- must acquire the property in the same deed
Interest -equal undivided interest
Possession- all parties
Must receive the same rights of possession.
Tenancy by the entireties- Features Equal interests survivorship limited exposure to foreclosure
Survivorship
Ownership automatically passes to the other spouse
Equal interest both own the same amount
Foreclosure only for joint debt
Proprietary lease refers to
A condo
B co op
C house
Co op also know as a proprietor