Death

Question 1

Property with title as joint tenants but paid partly with or improved with SP: what happens upon death?

Presumption of title applies

Answer 1

Property is presumptively CP, even if part of it was paid or improved with SP (Marriage of Lucas). Any SP used to acquire the asset is presumed to be a gift of SP
* NO right to separate ownership for payment of property made with SP
* NO right of reimbursement for improvements made with SP

Presumption of gift of SP can be defeated by an oral/written agreement stating that it’s SP

DIFFERENT FROM DIVORCE!! ANTI-LUCAS STATUTES

Question 2

Division of Property - Death

Answer 2

At death, decedent can devise all SP and 1/2 CP.
* If decedent dies intestate, spouse gets all CP and 1/3 of decedent’s SP, depending on whether decedent left behind issue or parents.

QCP:
* Surviving spouse has 1/2 interest in QCP titled in decedent’s name
* Decedent does not have interest in QCP titled in surviving spouse’s name

Ex. If wife dies, and property was in husband’s name, wife’s heirs cannot get 1/2 interest in husband’s property. But if wife dies and property was in her name, husband gets 1/2 interest in the property.

Question 3

Tracing

Answer 3

To determine character of any asset, a court will trace back to source of funds used to acquire the asset
* Mere change in form of an asset doesn’t change its characterization.