Concurrent Estates Flashcards
1
Q
Joint tenancy creation rule
A
Strawman not required! An owner can create a joint tenancy in himself and another or others with a single deed
2
Q
Survivorship language requirement
A
The right of survivorship must be expressly specified. Without it, the grant is of a tenancy in common.
Thus, even a grant to A and B “as joint tenants, and not as tenants in common” does not carry a right of survivorship because it was not expressly reserved.
3
Q
Tenancy by the Entirety Creation
A
- Grant should indicate that it is for a tenancy by the entirety or that a right of survivorship is intended.
- Conveyances using the words “tenants by the entirety” or “joint tenants with the common-law right of survivorship” will result in a TBE estate.
- The words “joint tenants” alone will result in a TIC.
4
Q
TBE severance
A
Severed by a written instrument only if the instrument is a deed signed by both spouses as grantors
