Concurrent Estates and Joint Ownership

Question 1

Concurrent Estates and Joint Ownership

Answer 1

• Multiple owners, all of whom have simultaneous right of possession – all reserve right to enjoy it at the same time
o Applies to PRESENT estate
• Tenancies are severable

Question 2

• Tenancy in common

Answer 2

o Any number of owners; shares can be of any magnitude
o Each ownership share is individually owned (e.g. if A dies, her share goes to her heirs)
o Only one unity: possession (compare w/ joint tenancy)

Question 3

• Joint Tenancy

Answer 3

o No limit to the number, but each must have same proportional interest
o Survivorship – when one tenant dies, their share goes not into their estates, but to the living joint tenants
o Last joint tenant alive becomes sole owner
o Fragile – any time one party tries to transfer their interest, it terminates the joint tenancy with respect to that person
o Four unities: time, title, interest, possession
 Time- acquire title at same time
 Title- acquire title by same deed/will/joint adverse possession
 Interest- equally divided
 Possession- equal right to possession of the parcel
o Can be created by deed, will, joint adverse possession
 But cannot be severed by a will
o Leases traditionally sever; modern rule is that they won’t though

Question 4

• Tenancy by entirety

Answer 4

o Limited to married couples
o Cannot be severed except by divorce
 Important because it means that credit problems of one spouse cannot undermine the tenancy (unlike standard joint tenancy in which a creditor could affect a severance)

Question 5

Robinson v. Trousdale County – TN (1974)

Answer 5

 F: D tries to condemn land to widen road; P sues because town has taken the land; town had consent of P’s husband, but not her consent (and land was owned as tenancy by the entirety)
 Traditional: coverture – woman in marriage has no control of the property
 Ct. abolishes coverture here
 H: For P; need consent of both parties – this is a taking and P is entitled compensation

Question 6

• Giles v. Sheridan – NE (1965)

Answer 6

“Split Duplex”
o F: Joint tenancy on duplex between P and married couple (Ds); P deeds 1/20th of her estate to her nephew, destroying the joint tenancy; P paid off mortgage, sues for comp from Ds
o H: Ct. determines that this was joint tenancy between 3 people (instead of two) – thus Ds owe 2/3 of the mortgage to P
 Becomes tenancy in common between P and nephew
 Joint tenancy in 2/3 of the condo remains between married Ds

Question 7

• McKnight v. Basilides – WA (1943)

Answer 7

“Step-father Contribution”
o F: P’s tenancy in common w/D—D living in the property so not receiving profits. P sues for share of profits
o H: for P – D is liable for reasonable rental value to the co-owners (for the house that he lived in)
 No adverse possession here (no ouster; must announce that possession is adverse)
 NOTE: this is a very aggressive decision
• Majority rule unlike Basilides – one tenant in common who occupies all or more than proportionate share is not liable to other tenants based on his occupancy alone
o May become liable because of express/implied agreement, or if he stands in fiduciary relationship with co-tenant, or if he has ousted his co-tenant, or by statute
• Modern planned communities – tenants in common for the common areas; fee simple owners in the individual homes

Question 8

• Dutcher v. Owens – TX (1983)

Answer 8

“Common Area Torts”
o F: Tort in common areas of condo complex occurs; issue around allocation of liability among condo owners
o H: P recovers from D amount based on D’s proportional ownership in the condo project; owners are not jointly and severally liable for the common areas
o Modern: Uniform Condominium Act
• Note – party wall – may own as tenants in common; legal right to to require the other owner to help maintain the wall

Question 9

Other Marital Property

• Hoak v. Hoak – WV (1988)

Answer 9

“Professional Degree as Property”
o F: Divorce; husband had gotten MD while wife supported him; wife wants compensation for MD as marital property
o H: Degree is not marital property, but entitled to reimbursement alimony to compensate the working spouse who supported the student-spouse
 A degree is too ephemeral to quantify value
 Degree not alienable like typical property; also not inheritable
• Yet does seem to be an object of value – greatly enhances the assets of the holder
o Note: NY is exception to this rule; will quantify value of the degree in divorce proceedings

Question 10

• Community property - One party to a marriage acquires property

Answer 10

o 9 states are community property jurisdictions – all earnings and property acquired with those earnings during a marriage are automatically jointly owned by both spouses (50/50)
o In most states – property belongs to the person who purchases (e.g. if husband buys boat in his name, he is sole owner)

Question 11

Partition:

Answer 11

in kind (separate parcel physically between co-tenants) or by sale