Different Forms of Ownership, Including Sole Ownership, Co-Ownership, and Trusts Flashcards

1
Q

What is it called if a singe party owns the fee or a life estate?

A

The ownership is an estate in severalty

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2
Q

What does co-ownership mean?

A

Means that a parcel is owned by 2 or more persons or organizations

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3
Q

What are co-owners called?

A

Co-tenants

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4
Q

In Texas, there are 3 types of co-ownership. What are they?

A
  1. Tenancy in common
  2. Joint tenancy
  3. Community property
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5
Q

What is the most common form of co-ownership?

A

Tenancy in common, when the owners aren’t married

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6
Q

Describe tenancy in common.

A

Co-tenants share an indivisible interest in the estate. All tenants in common have distinct and separable ownership of their respective interests. No co-tenant may claim to own any physical portion of the property exclusively. They share what is called undivided possession or unity of possession

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7
Q

Describe a joint tenancy

A

2 or more persons collectively own a property as if they were a single person. Rights and interests are indivisible and equal. Each has a shared interest in the whole property which can’t be divided up. Defining and required characteristics are unity of ownership, equal ownership, transfer of interest, and survivorship

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8
Q

How is a joint tenancy created?

A

All owners must acquire the property at the same time, use the same deed, acquire equal interests, and share in equal rights of possession

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9
Q

What are the 4 unities?

A

Time, title, interest, and possession

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