Freehold Estates Cases Flashcards
Carlisle v. Parker: “Gotta ask my wife for the car keys”
Entirety: When property held as tenants by the entirety is involuntarily converted to personal property, the title to such proceeds is held by the spouses as tenants by the entirety. The spouses each have a separate property interest in the property/funds. Neither may convey their respective interest without the consent of the other spouse while both are living and the marriage continues.
Robinson v. Trousdale: “Robin’ from wife”
Entirety: A conveyance by one tenant of property held as tenants by the entirety merely conveys his/her interest, while the other spouse retains his/her interest in the property.
–Tenancy in the entirety requires both parties to consent (get joint tenancy with right of survivorship that can only be severed by divorce or death).
Hardy v Hardy: “Hard to Split”
Entirety: P gave wife weekly sums to cover household expenses and she invested these funds in securities in her own name; absent agreement, wife could not convert it to separate use because money remained part of marital property
Johnson v. Johnson: “JJ & J”
Joint: One party can sever a joint tenancy without the other knowing. Severance (destruction of unities) is NOT a court ordered act. Partition can only be done by court.
McKnight: “Stealing from Oneself”
Common: Cannot adverse possess land away from co-tenant (both have right to be there). Both tenants have right of possession and occupancy, so all co-tenants are entitled to profits (rents…)
