Class 8 - Common ownership

Question 1

What are the 2 types of concurrent estate?

Answer 1

Joint tenancy and tenancy in common

Question 2

What happens when a tenant in a joint tenancy died?

Answer 2

In joint tenancy, it transfers to the other surviving owners because joint tenancy have the right of survivorship.

Question 3

True or false : In the absence of clear evidence indicating a joint tenancy, a tenancy in common is presumed?

Answer 3

TRUE

Question 4

What are the 4 unities?

Answer 4

TTIP
Same time
Same instrument
Same interest
Same right of possession

Question 5

How a joint tenant can create a tenancy in common?

Answer 5

By conveying his interest to another person.
Ex : I convey my tenancy to a third party then the joint tenancy no longer exists because it is not at the same time and from the same instrument anymore, so the 4 unities are no longer respected.

Question 6

True or false : Each tenant in a joint tenancy has the right to unilaterally sever the tenancy and create a tenancy in common?

Answer 6

True

Question 7

When does the creditors interest will disappear in a joint tenant?

Answer 7

At the death of the joint tenant.

Question 8

What is a tenancy in common?

Answer 8

Each tenant owns the entirety of the estate and has the right to use the entirety of the property without permission or consent of the other.

May be unequal shares, but still can use the entirety of the property at all time.

Question 9

True or false? : There is an obligation for one tenant to account to another for rents for joint property.

Answer 9

FALSE,
2 exceptions :
Where one has ousted a joint tenant
Where one has received rents from a third party in an amount more than his share

Question 10

What are the 4 cases in which one of the owners can recover compensation from another who has had the sole use of the property?

Answer 10

(1) When one owner has excluded or ousted the other.
(2) When one co-owner has received more than his share of the rents of the common property from some other third party, those are the two CL rule.
(3) Where one owner uses the property under some agreement whereby, he becomes bailiff or agent of the other. This is the statute of Anne. Collecting for the others.
(4) When one owner occupies the common property as tenant of the others share and owes rent as agreed. So, if one of the owners occupies the property.

See Osachuk v Osachuk

Question 11

True or false? : to pay for the cost of reparations you have to pay rent?

Answer 11

TRUE

Question 12

What are the condition for a tenancy by the entirety?

Answer 12

Available only to husband and wife.

Question 13

Can a spouse alienate without the consent of the other one?

Answer 13

NO

Question 14

What happens at the death of one of the spouse?

Answer 14

For property owned through tenancy by entirety, the surviving spouse automatically gains full control of a deceased spouse’s share.

Question 15

What is the rule in Sawada v Endo?

Answer 15

Neither husband nor wife has a separate divisible interest in the property held by the entirety that can be conveyed or reached by execution.

Question 16

How can a joint tenancy be destroyed?

Answer 16

A joint tenancy may be destroyed by voluntary alienation, or by levy and execution, or by compulsory partition.

Question 17

What is marital property?

Answer 17

Everything that is acquired during the course of the marriage from the marriage assets, unless the parties agree otherwise.

Question 18

What is separate property?

Answer 18

Separate property is that which belongs to one spouse during the course of the marriage and when the marriage breaks up.

Question 19

How is the property divided in divorce?

Answer 19

At common law, property in marriage is allocated on the basis of ownership. Things held by the husband or wife as separate property remain layers upon dissolution, while things owned by both (ex : martial assets) are divided equally.

Question 20

What is the concept of community property?

Answer 20

They each get 50/50

Question 21

Why did court give compensation to the women in Marvin v. Marvin?

Answer 21

Court give compensation because he agreed to take care of her, not because its property asset.
It was a contract and he had breach it by not wanting to take care of her.

Question 22

What did the court concluded in the case Freedman v. Mason?

Answer 22

Is a dental licence property? The court says no, he doesn’t have a right to the licence, its not something he can transfer. Unfortunately, because its not transferable, it cant be considered as property that can be divided between the parties. She cant have it.

What can a court do? He got a dental licence which will allow him to have a decent life, maybe we have to give her more % because of the circumstances.