Co-Ownership: ConCurrent Estates Flashcards

1
Q

Joint tenancy

A

two or more with the right of survivorship, it is alienable but not descendible nor devisable

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2
Q

Right of survivorship

A

when one joint tenant dies, her share passes automatically to surviving joint tenant

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3
Q

Creating Joint Tenancy : T-TIP

A

Same time, same title, interests and rights to Posses the whole

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4
Q

Severance of Joint Tenancy

A

SPAM: Sale, Partition, Agreement, and Mortgage

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5
Q

Severance and Mortgage

A

Minority - Title theory - > giving a creditor a lien, is considrered to transfer title of encumbered shares to creditor
Majority - Lien Theory -> reasonable expectations : one co-owners shares to creditor doesnt sever only imposes a lien on a share

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