Co-Ownership

Question 1

Tenancy in Common

Answer 1

Default Tenancy

(1) Each Tenant owns Fractional share
- Alienable, Devisable, inheritable
- Directly or Indirectly

(2) Equal right to access & enjoy entire property

Question 2

Ouster

Answer 2

Occupier denies other Tenant access to property

(a) one wants on; AND
(b) other denies access

Question 3

Joint Tenancy (JT)

Answer 3

(1) Multiple Owners regarded as one
(2) Right of survivorship
(3) Four Unities are Required

CL -> Severance of land destroys JT

Question 4

Right of Survivorship (JT)

Answer 4

(1) no interests passed at death

(2) deceased interest is extinguished

Question 5

Four Unities (JT)

Answer 5

(1) Time (vest at same time)
(2) Title (acquired by same instrument)
(3) Interest (equal shares)
(4) Possession (equal right to possess the whole)

Question 6

Tenancy by the Entirety

Answer 6

JT for married couples (and other by statute)

(1) spouse is one person
(2) no unilateral partition
(3) ends at death or divorce

Question 7

Partition

Answer 7

(1) Unilateral for JT and TC
(2) by SALE or by KIND

KIND is MAJ

• land can make impossible
• sometimes owners’ interest better served with SALE

Question 8

Lien Theory

Answer 8

MAJ

Security interest in mortgage- foreclosure will transfer title

Question 9

Title Theory

Answer 9

MIN

some jurisdictions allow JT 4 unities to be broken