Co-ownership Flashcards

1
Q

Say A & B are tenants in common. Upon the death of A (or B, whoever is first), what happens to A’s 1/2 share?

A

Upon A’s death, A’s 1/2 interest passes through A’s probate estate to A’s heir or devisees (will beneficiaries).

The surviving co-owner does NOT get the other’s share.

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2
Q

What does TX presume with concurrent ownership situations?

A

Presumes, without additional evidence, that owners are in a TIC.

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3
Q

Who’s entitled to income in joint tenancy?

ex. Parent A and Child B own equal shares in a ranch. Parent supplied all the funds to buy the property and conducts all ranch business. Who’s entitled to income from the land (i.e. received from grazing leases)?

A

Parent and Child own equal shares. Thus, each is entitled to 1/2 of the income.

Parent will be entitlted to “offsets” for any expenses Parent incurred and for Parent’s labor.

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