Forms of Co-ownership Flashcards
Tenants in Common
each person is entitled to possession of the whole. If one dies, that person’s ownership is inheritable and doesn’t necessarily pass to the other ownership. No rights of survivorship
Joint Tenancy
equal ownership with undivided rights of possession, includes the right of survivorship, when a joint tenant dies, interest passes to other joint tenants
Tenancy by the entirety
Concurrent ownership between two married people; when one spouse dies, interest passes to the other spouse
Estate in Severalty
the root word “sever” means one person owns the property, and all other interests are severed
Co-ownership
property with ownership by more than one person, also called concurrent ownership
Joint Tenancy 4 conditions
all must receive their title at the same time from the same source, all must have the same percentage of ownership, and all must have the right of undivided possession in the property
Termination of Joint Tenancy
Joint tenants may sell their personal share of ownership; however the buyer of that share does not become a joint tenant, because the required four unities do not exist
Termination of Co-ownership by partition
having the property partitioned would allow each tenant to have a specific divided portion of the property exclusively
general partnership
conveys personal liability to partnership debts that exceed the partnership assets. general partners are jointly and separately liable for these debts
Limited Partnership
always has one or more general partners who assume liability. The other partners are limited in their liability related to the amount of money they have contributed. also limited in authority
Corporations
are an intangible, taxable, recognized legal entity. can receive, hold and transfer title to real property and may give, or hold a mortgage to secure a debt owned to the corporation. Owned in severalty
LLC
Owners are not personally liable for the LLC obligations, are taxed as partnerships and do not require a general partner
Syndicates
Groups of investors pooling their money in pursuit of a single investment goal, such as buying an office building