Chapter 8: Concurrent Estates

Question 1

True or False? Joint tenancy is the default concurrent interest.

Answer 1

False. The default is a tenancy in common

Question 2

Which of the following statements regarding a tenancy in common is TRUE?

a. The max number of tenants in common is 3
b. Tenants in common cannot possess unequal shares of the property
c. Any conveyance to more than one person is presumed to be a tenancy in common

Answer 2

c. Any conveyance to more than one person is presumed to be a tenancy in common

Question 3

True or False?
A tenancy in common is freely transferable during the tenant-in-common’s life, but cannot be transferred at death.

Answer 3

False

Question 4

Which unity is NOT unique to a joint tenancy, but instead is also a characteristic of a tenancy in common?

Answer 4

Unity of possession

Question 5

True or False?
Joint tenants by the entirety must be married when the conveyance occurs.

Answer 5

True

Question 6

True or False?
An inter vivos transfer severs a joint tenancy.

Answer 6

True

Question 7

True or False?
Tenancy by the entirety is a joint tenancy between married persons with no right of survivorship.

Answer 7

False

Question 8

True or False?
If there are more than two joint tenants, then a severance does not automatically affect the joint tenancy of all joint tenants.

Answer 8

True.