Tenancys Flashcards
Joint Tenancy Definition
A joint tenancy exists when two or more persons own property with the right of survivorship.
What occurs on the death of a joint tenant?
On the death of a joint tenant, that person’s interest terminates and the surviving joint tenants’ interests are accordingly increased.
Virginia rule on language of right of survivorship?
To determine if a joint tenancy was created, look for survivorship language (e.g., “to A and B, as joint tenants with right of survivorship”).
If a right of survivorship is not expressly reserved in a grant, then the tenancy will be construed as a tenancy in common.
Va Law on intentional killings of joint tenants?
The murder or voluntary manslaughter of a joint tenant by another joint tenant results in the killer being treated as having predeceased the victim.
(Note: This applies to a tenancy by the entirety as well as a joint tenancy with the right of survivorship.)
what is tenancy by the entirety?
Tenancy by the entirety is a joint tenancy between married persons with a right of survivorship.
The same rules for joint tenancy apply to tenancy by the entirety, plus the joint tenants must be married when a deed is executed or the conveyance occurs.
VA requirements for creating a tenancy by the entirety?
Must use the term “tenancy by the entirety”
or “joint tenancy with the right of survivorship” and be described as “a married couple” or similar.
Does a right of survivorship automatically exist for a tenancy by the entirety?
Yes, it exists even if not expressly reserved.
what happens on divorce to a ten. by the entirety?
On divorce, the ten. by the entirety is converted into a tenancy in common.
A deed purporting to convey tenancy by the entirety to unmarried people creates what?
A joint tenancy with the right of survivorship.
