Co-ownership Flashcards
• Tenancy in common
o Each co-tenant has a separate but undivided interest (no physical division)
• Each has a right to possess the whole of the property, neither can ouster the other
o No right of survivorship- person in the Will will take property
o Spiller v. Mackereth
cotenant in common (undivided right to the entire property) doesn’t ow rent to cotenant unless he agrees to or unless he has affected the ouster of his cotenant
Joint Tenancy
o Separate but undivided interest
o Right of Survivorship-when one dies, shares go to survivor
o 4 unities
• Possession- right to posess whole
• Interest- same interest (both have fee simple ab.)
• Time- receive interest at same time
• Title- receive interest in same instrument
Riddle v. Harmon
joint tenant can terminate joint tenancy by conveying interest in the property (w or w/o knowledge of other tenant(s)) to another party. -If you lose a joint tenancy by losing a unity (severance) you get a tenancy in common
Swartzbaugh v. Sampson
joint tenant may convey his share of prop only to extent of his interest in the property
*boxing ring case
Harms v. Sprague
lien placed on one joint tenancy interest doesn’t destroy the joint tenancy
*Title theory states- mortgage is an interest in land.
Lease in joint tenancy
(1) Severance approach- destroys unity of interest and lesee has different interest and destroys time unity
(2) No severance- temporarily suspends JT, does not sever it
oTenancy by entirety:
•Same 4 unities, + marriage
Partition by kind
divide property
Partition By sale
monetary divison, divide proceeds according to each co-tenants interests
Delfino in kind > by sale
Right of survivorship
- Power of succession following death of a tenant
* B takes whole when A dies
Ouster
•One co tenant denies the other co tenant access to property
