Concurrent Estates

Question 1

The three forms of Concurrent Ownership are:

Answer 1

1) The Joint Tenancy; 2) The Tenancy by the Entirety; 3) The Tenancy in Common.

Question 2

Characteristics of the Joint Tenancy:

Answer 2

The Right of Survivorship - When one joint tenant dies, his share goes automatically to surviving tenants.
The Right of Alienation - A joint tenant’s interest is alienable, but it is not divisible or descendable.

Question 3

The Four Unities necessary for creation of Joint Tenancy:

Answer 3

Time, Title, Interest, Possession(of the whole)

ALSO, grantor must clearly state the Right of Survivorship

Question 4

Severing Conditions of Joint Tenancy:

Answer 4

SPAM: Sale, Partition And Mortgage.

Question 5

In equity, a joint’s tenant’s act of entering into a contract for the sale of her share will:

Answer 5

sever the joint tenancy as to the contracting party’s interest(s).

Question 6

The Tenancy by the Entirety is

Answer 6

an interest between married partners, with the right of survivorship.

Question 7

Neither tenant can defeat the right of survivorship by

Answer 7

unilateral transfer to a third party.

Question 8

Remember that the Tenancy by the Entirety is

Answer 8

a very protected form of co-ownership.

Question 9

The Tenancy in Common is defined by

Answer 9

each co-tenant owning an individual part of the estate, with the right to possess the whole.

Question 10

Each interest in a Tenancy in Common is

Answer 10

divisible, descendable, and alienable.

Question 11

Concerning survivorship rights, the Tenancy in Common has

Answer 11

NO survivorship rights between tenants in common.