CONCURRENT ESTATES/ CO-TENANCY

Question 1

Types of Joint Tenancies

Answer 1

1. Joint Tenancy
2. Tenancy by the Entirety
3. Tenancy in Common

Question 2

Joint Tenancy

Answer 2

-CL DEFAULT

Creation: (CL) TIME +TITLE + INTEREST+POSSESSION

• interest of tenants must be equal in every way
• MUST include explicit language that includes Right of Survivorship

Termination:

(1) inter vivos conveyance (voluntary/involuntary)
- can only sell tenant’s interest
- trasferee takes as tenant in common
- if 2 JT remain, they will continue to have joint tenancy

(2) contract to convey

Question 3

Tenancy by the Entirety

Answer 3

Creation: MARRIAGE

• each spouse has undivided interest in whole w/ RoS
• need other’s consent to convey
• deed/mortage by only 1 is ineffective

Termination:

• Death
• Divorce
• Execution by joint creditor of BOTH
• Mutual agreement

Question 4

Tenancy in Common

Answer 4

-ML DEFAULT

Creation: multiple grantees

• NO RoS
• tenants can hold diff interests in estate
• EACH tenant entitled to possession of WHOLE
• Interests are: alienable/ devisable/ inheratable

Termination:

1. agreement of all of the tenants
2. partition (physical division/sale); or
3. by ouster (depriving a tenant of their share of the prop)