Unit 3: Ownership of Real Property Flashcards

1
Q

A fee simple estate and a life estate are:

A

Freehold Estates

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2
Q

The highest form of ownership is

A

The fee simple absolute

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3
Q

Victor and Karen are not married but together own community property because they are

A

Registered Domestic Partners

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4
Q

A fee simple estate that may be lost when some act is performed is:

A

A fee simple on condition of subsequent

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5
Q

A fee simple estate that has no conditions is:

A

a fee simple absolute

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6
Q

If Greenacre is deeded by Lou to Mary for Mary’s life, Mary has:

A

A life estate

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7
Q

If Greenacre is deeded by Lou to Mary for Mary’s life, Lou has:

A

an estate in reversion

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8
Q

When Aunt Winfred died, she left a life estate in Whiteacre to her nephew George. When George dies, Whiteacre will go to George’s daughter Elizabeth. Elizabeth is:

A

A remainderman

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9
Q

If Greenacre is deeded by Lou to Mary for the life of Nancy, Nancy has:

A

No interest

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10
Q

The owner of a life estate can

A

Sell only the life estate

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11
Q

Joint tenants have unity of

A

Time, title, interest, and possession

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12
Q

Jessica and John own Blackacre as joint tenants. Jessica’s will specifies that on her death her interest in Blackacre is to go to her sister Mona. When Jessica dies:

A

John will be the sole owner of Blackacre.

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13
Q

Three joint tenants share an interest in a property. If one Joint tenant’s share is sold using the proper legal formalities, the new owner will then be:

A

A tenant in common with the other joint tenants.

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14
Q

Community Property is:

A

All property acquired by a spouse or registered domestic partner that is not separate property.

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15
Q

One of the forms of concurrent ownership is:

A

Tenancy in partnership

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16
Q

A partner has:

A

The right to possession of partnership property for partnership purposes.

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17
Q

Absolute control, as well as absolute liability, belongs to:

A

A sole proprietor

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18
Q

When doing business in California, a corporation chartered in California is:

A

A domestic corporation

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19
Q

Title to a spouse’s marital property can be transferred upon death by use of

A

A living Trust

20
Q

A limited partner is:

A

Not liable for partnership debts beyond the amount invested.

21
Q

Estate=

A

Ownership

22
Q

Freehold Estate

A

Indefinite duration of ownership. Fee Simple, Fee Simple Defeasible, and Life Estate.

23
Q

Fee Simple Estate

A

Type of freehold estate. The highest form of modern land ownership. Ownership of the building and the land. No conditions are attached to the ownership.

24
Q

Fee Simple Defeasible

A

Type of freehold estate. Ownership of building and land but with a condition. Sometimes called Fee Simple Subject to Power of Termination. Breach of conditions can result in loss of title.

25
Q

Life Estate

A

Type of freehold estate. Estate lasts only as long as the life of the person listed on the deed or will that creates the estate.

26
Q

2 Things holder of life estate cant do

A
  • Will it to someone else

- Commit waste upon the property

27
Q

Estate in Reversion

A

I sell you a property on a life estate. You die, the property reverts back to me. If I die first, when you die, the property goes to my heirs.

28
Q

Estate in Remainder

A

(Off to the side) I sell or give property to you on a life estate. Once you die, it goes to the Betty Ford Clinic for substance abuse.

29
Q

Lease Hold Estate

A

Less than a freehold estate. Not ownership but for use only.

30
Q

Ownership in Severalty

A

Separate ownership by one person

31
Q

Concurrent Ownership

A

Ownership by two or more entities at the same time.

32
Q

3 Types of Concurrent Ownership

A
  • Joint tenancy
  • Community property
  • Tenancy in Partnership
33
Q

Right of survivorship

A

Upon the death of one of the joint tenants, the deceased share goes to the surviving tenant. Escapes probate and existing unsecured debt. Cannot will your share.

34
Q

Joint Tenancy

A

A special form of co-ownership.

35
Q

Joint Tenancy Unities Acronym (TTIP)

A

T- Unity of Time (each takes title at the same time)
T- Unity of Title ( each receives title through the same deed)
I- Unity of Interest (each owns an equal share)
P- Unity of Possession ( each has the right to use all of the property)

36
Q

Tenancy in Common

A

No right of survivorship. Only have Unity of Possession. You can will your share.

37
Q

When no vesting is mentioned in the deed and the parties are not married, the law will presume:

A

Tenancy in Common

38
Q

Community Property

A

real or personal property acquired by a spouse during the marriage or by a registered domestic partner.

39
Q

Separate Property

A

Possessions acquired before marriage

40
Q

Community Property with right of survivorship

A

The deceased share goes to the surviving tenant (same as joint tenancy)

41
Q

Business Ownership of Real Estate- Sole Proprietorship

A

Simplest form. You’re personally liable.

42
Q

Business Ownership of Real Estate- Corporation

A

A separate, legally recognized entity, apart from owners. Limits liability of officers, directors, and shareholders.

43
Q

Business Ownership of Real Estate- S-Corp

A

Avoids double taxation

44
Q

Business Ownership of Real Estate- Partnership

A

Like two sole proprietors coming together to share liability.

45
Q

Business Ownership of Real Estate- Limited Partnership

A

A general partner makes decisions with unlimited liability. Limited Partners are only liable for up to the amount invested.

46
Q

Limited Liability Company (LLC)

A

Another corporate structure but taxes and fees are higher than a partnership.

47
Q

Real Estate Investment Trust (REIT)

A

Holds various forms of real estate or mortgages for the benefit of investors who own shares of the trust.