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
2
Q
Right of survivorship
A
when one joint tenant dies, her share passes automatically to surviving joint tenant
3
Q
Creating Joint Tenancy : T-TIP
A
Same time, same title, interests and rights to Posses the whole
4
Q
Severance of Joint Tenancy
A
SPAM: Sale, Partition, Agreement, and Mortgage
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