Mid-Term

Question 1

How does Joint Tenancy w/ Right of Survivorship work?

Answer 1

Held by A + B , A dies - all goes to B

Question 2

Joint Tenancy w/ ROS what is needed

Answer 2

4 Unites

Question 3

JT 4 Unites - what are they?

Answer 3

1. Time - same time
2. Title - same document
3. Interest - same size
4. Possession - equal possession rights

Question 4

JT w/ ROS some states require what ?

Answer 4

That intent to have this type of title be clearly expressed

Question 5

JT w/ ROS by A + B - A coveys to H what happens?

Answer 5

B is in TIC w/ H - conveyance severs JT

Why is it a now a TIC? b/c all 4 unities not met

Question 6

JT w/ ROS - do you need to inform others of Sale ? Lease?

Answer 6

No and No

Question 7

Tenancy in Common is what if title unclear ?

Answer 7

TIC is the PRESUMPTION

Question 8

TIC - can it be sold or leased w/o telling others?

Answer 8

Yes - then new owner has TIC w/ others

A + B + C = TIC / A sells to X / now X + B + C = TIC

Question 9

Can JT w ROS be Devised ?

Answer 9

Nope - when A dies , all goes to B

Question 10

Can TIC be devised ?

Answer 10

Yes - A dies now B + X have TIC

Question 11

If TIC is leased by one tenant, is the other bound by the lease?

Answer 11

No - and - other still has right to posses the whole .

A can lease but X will have to share possession with B

Question 12

A + B are TIC , A gets in debt, can creditor encumber the property ?

Answer 12

Yes - TIC can be encumbered by a creditor

Question 13

If all owners in a TIC join the lease , what is paid ?

Answer 13

They receive their fractional share payments

A + B + C TIC / Rent to X / A,B,C, ll receive 33% of rent each

Question 14

If TIC sold in entirety - who gets what ?

Answer 14

They all receive their fractional share value

Question 15

Do TIC have same size shares ?

Answer 15

They do NOT have to BUT presumed if not stated or ambiguous

Question 16

Tenancy by the Entirety w/ ROS - who can own this?

Answer 16

Married couples only

Question 17

T by Ent - how is the married couple seen ?

Answer 17

A one unit / as a whole single entity

Question 18

When is the T by Ent severed ?

Answer 18

Death or Divorce - unless both agree

Question 19

For married couples what is presumed ownership in some jurisdictions?

Answer 19

T by the Ent w/ ROS

Question 20

T by Ent - can it be destroyed (sale , lease , etc) by one ?

Answer 20

No - seen and have to act as a Unit

Question 21

T by Ent - can it be subject to debt ?

Answer 21

Yes - a joint debt

Question 22

Does each spouse have a separate interest that can be separately conveyed or encumbered or seized by the creditors of one spouse alone to satisfy their claims against one debtor?

Answer 22

NO, cannot be encumbered by creditors of one unless both agree

Question 23

Can a Tenant in Poss use property as she wishes (JT or TIC) ?

Answer 23

Yes - as long as she doesn’t Waste it

Question 24

Burden - Does the co-tenant have a responsibility to share in the expenses?

Answer 24

Yes - Basic expenses

Question 25

Burden - Does the co-tenant have a responsibility to share in the inprovements?

Answer 25

No - only basic expenses

Question 26

What is an Ouster ?

Answer 26

An explicit act by which one co-owner excludes other co-owners from the property (Applies to both TIC + JT)

Question 27

Ouster Elements (2)

Answer 27

1. The tenant out of possession requests to be let into possession - request does NOT have to be in words (or expressly said)
2. The tenant in possession then excludes the other by an affirmative act (changing locks, etc)

    a. The tenant in possession must pay rent to the ousted owner
    b. The amount owed is the fractional share of the rental value owned by the co-owners of the property

Question 28

What is Constructive Ouster/ how or why does it occur?

Answer 28

i. This can occur when the character of the property makes joint occupancy impossible or impracticable
ii. Impracticability may also result when the relationship between the co-tenants is strained (divorce)
iii. Unless the hostility flows from the co-tenant out of possession ordinarily

Question 29

What is a Partition ?

Answer 29

A division of land held by co-tenants

Question 30

What types of Partition are there?

Answer 30

1. Division can be voluntary or involuntary
   a. Partition in Kind or Partition by Sale
2. Co-tenants will receive their respective fractional shares

One party can ask for Partition (from other owners or court)

All factors are considered in partition