Concurrent Ownership and Marriage Flashcards
Concurrent Ownership
Each co-owner or co-tenant has the right to use and possess the entire property
Types of modern concurrent estates (tenancys)
Tenancy in commons; joint tenancy; tenancy by entirety
Tenancy in commons: Conveyance language
To A and B
Tenancy in Commons: Define
Each tenant in common has undivided fractional interest in the property. (doesn’t need to be equal)
Joint Tenancy: Convey language
O conveys Greenacre “To A and B as joint tenants with rights of survivorship
Joint Tenancy: Define
Has undivided right to use and possess but each has right of survivorship.
JOint Tenancy: Four Elements
Time, Title, Interest, Possession
Tenancy by the Entirety: Language
“to A and B as tenants by the entirety”
Tenancy by the entirety: Define
For married couples, tenants have undivided right to use, and possess the whole property with right of survivorship only ended by death, divorce or agreement of spouses