Concurrent Estates in Land

Question 1

Joint Tenant with ROS/Define

Answer 1

Joint tenant is ownership interest in land by two or more persons at the same time and when one person dies title passes to the surviving tenant.

Question 2

Joint Tenant with ROS/Clear Language

Answer 2

Clear language, such as “to A and B as joint tenant with right of survivorship, is required.”

Question 3

Joint Tenant with ROS/Termination

Answer 3

Joint tenant with right of survivorship may be terminated by mortgage, partition, conveyance (if tenants join in the conveyance no termination), or contract.

Question 4

Tenancy by the Entirety/Define

Answer 4

Tenancy by the entirety is an ownership interest in land by husband and wife and when one spouse dies title passes to the surviving spouse.

Question 5

Tenancy by the Entirety/Termination

Answer 5

Tenancy by the entirety may be terminated by the spouses’ joint creditor, mutual agreement, death of either spouse, or divorce. Abandonment will not terminate a tenancy by the entirety.

Question 6

Tenancy by the Entirety/Always(1)

Answer 6

Tenancy by the entirety is always a marital estate.

Question 7

Tenancy in Common/Define

Answer 7

Tenancy in common is an ownership interest in land where each tenant owns a separate & distinct interest in land.

Question 8

Tenancy in Common/Termination

Answer 8

Tenancy in common may be terminated by merger, ouster, or partition.

Question 9

Tenancy in Common/Joint Tenants

Answer 9

Tenancy in common does not become joint tenants when co-tenant dies. There is no right of survivorship.