Different Forms of Ownership, Including Sole Ownership, Co-Ownership, and Trusts Flashcards
What is it called if a singe party owns the fee or a life estate?
The ownership is an estate in severalty
What does co-ownership mean?
Means that a parcel is owned by 2 or more persons or organizations
What are co-owners called?
Co-tenants
In Texas, there are 3 types of co-ownership. What are they?
- Tenancy in common
- Joint tenancy
- Community property
What is the most common form of co-ownership?
Tenancy in common, when the owners aren’t married
Describe tenancy in common.
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
Describe a joint tenancy
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
How is a joint tenancy created?
All owners must acquire the property at the same time, use the same deed, acquire equal interests, and share in equal rights of possession
What are the 4 unities?
Time, title, interest, and possession