Concurrent Estates

Question 1

Creating a Joint Tenancy/Four Unities

Answer 1

Joint tenancy with the right of survivorship (surviving tenants take automatically on death of another), created by TTIP: TIME, TITLE, INTEREST, and POSSESSION.

Grantor must state INTENT to convey with “right of survivorship.”

Severance only occurs as to severed tenant.

Question 2

Joint Tenancy- right of partition to SEVER

Answer 2

JTs can be relieved of common ownership by asking for a PARTITION, by:

i. Voluntary Agreement,
ii. Action for Partition

JT will be SEVERED as to party seeking partition (result- Tenancy in Common)

Cannot be severed by WILL

Question 3

Joint Tenancy: Involuntary Severance

Answer 3

Severance occurs whenever one of the four unities is disturbed.

Any severance results in Tenancy in Common

Involuntary Severance Results from:

• Sale
• Mortgage (in title theory state)
• contract for sale
• creditor’s sale

Question 4

Joint Tenancy- Severance by Sale

Answer 4

A party’s sale/conveyance of interest severs the JT as to THAT PARTY.

Question 5

Joint Tenancy- Severance by Mortgage

Answer 5

Majority Rule: Lien Theory: In a lien theory state, there is NO SEVERANCE of JT when mortgage is executed (no disturbance of 4Us b/c title is not transferred)

Minority Rule: Title Theory: There IS severance because TITLE PASSES from mortgagor to mortgagee (even though it passes back when mortgage is satisfied)

Question 6

Joint Tenancy- Severance by Contract of Sale

Answer 6

JT is severed when contract for sale is SIGNED because of DOCTRINE OF EQUITABLE CONVERSION.

Question 7

Joint Tenancy- Severance by Creditor’s Sale

Answer 7

There is no severance until JUDICIAL SALE ACTUALLY TAKES PLACE.

*If JT dies BEFORE creditor’s sale takes place, title passes to surviving JTs and creditor has NO RECOURSE.

Question 8

Tenancy in Common

Answer 8

One Unity: Possession
Presumption IN FAVOR of TiC
FREELY ALIENABLE- mortgage, convey, bequeath
NO right of survivorship
ANY TiC can force PARTITION

Question 9

Tenancy by the Entirety

Answer 9

Four Unities PLUS MARRIAGE

• Right of Survivorship
• NO right of partition
• NOT severable by UNILATERAL act

Question 10

Severing a Tenancy by the Entirety

Answer 10

• Death
• Mutual Agreement
• Divorce (not separation)
• Execution by a JOINT creditor

Question 11

Co-Tenants: Accountability

Answer 11

General Rule: Co-tenants do not have to account to others for his share of profits.

Exceptions:

1. Ouster: Accounting is req’d if one CT is EITHER keeping another OFF the property OR is claiming right of EXCLUSIVE POSSESSION
2. Agreement to share
3. Lease of property by one CT to a third-party
4. Depletion of natural resources

Question 12

Contribution

Answer 12

The right of one Ct to force another to pay share of expenditure for property:

Necessary Repairs: YES (not improvements)
Mortgage Payments: YES
Taxes: YES