Property Ownership Flashcards
forms of co-ownership
- Tenancy in common
- Joint tenancy
- Tenancy by the entireties
- Community Property
ownership in severalty
title is held by 1 individual or corporation
severalty owner has sole rights to sell, lease, will, or transfer
co-ownership
title is held by 2 or more individuals
tenancy in common
. each tenant holds an undivided fractional interest in the property.
. because of separate interests, they can sell, convey, mortgage, or transfer their individual interest without consent of the other co-owners.
. when one co-owner dies, the tenant’s undivided interest passes according to the co-owner’s will, heirs, or living trust.
joint tenancy
. right of survivorship
. upon death of a joint tenant, the deceased’s interest transfers directly to the surviving joint tenant(s).
. the last survivor takes title in severalty & has all the rights of sole ownership.
tenancy by the entirety
. allows a husband or wife to inherit the other spouse’s ownership upon death.
. can convey title ONLY by a deed signed by both parties
. one party cannot convey a one-half interest
tenancy by the entirety may be terminated by:
J's DAD . judgement sale (court-ordered sale) . death . agreement . divorce
Trusts
one person transfers ownership of property to someone else to hold or manage for the benefit of a 3rd person
trustor
person who creates a trust
beneficiary
person who benefits from the trust
trustee
person who holds legal title & carries out the trustor’s instructions.