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Simultaneous Ownership Tenancy in Common Joint Tenancy Tenancy by the Entireties Community Property.

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Presentation on theme: "Simultaneous Ownership Tenancy in Common Joint Tenancy Tenancy by the Entireties Community Property."— Presentation transcript:

1 Simultaneous Ownership Tenancy in Common Joint Tenancy Tenancy by the Entireties Community Property

2 Unities Time - all took at the same time. Title - all took by the same instrument. Interest - each took an identical share Possession - each had an undivided and equal right to possess the whole. Person - treated as one person (married).

3 Tenancy in Common X to Y & Z as tenants in common –unities –estate of inheritance –creditors –sale / gift X & Y (T / C), Y to Z, X & Z (T / C)

4 Joint Tenants w/Right of Survivorship X to Y & Z (JTROS) unities not an estate of inheritance partition / severance creditors divorce bank accounts

5 Mom’s Estate Acct’s & CDs (JTROS/X)$250,000 Condominium 150,000 Taxes and expenses (31,000) Will says taxes and expenses from residuary then equal shares Y $ 0 39,667 $ 39,667 v. $123,000 X $250,000 39,666 $289,666 v. $123,000 Z $ 0 39,667 $ 39,667 v. $123,000

6 Tenancy by the Entireties X to H & W as tenants by the entireties –unities –presumption v. practice –creditors –partition / severance –divorce

7 Community Property Spanish civil law v. English common law efforts of either spouse belong to the community separate property increase in value of separate property mobility

8 Marital Property Definition –Excluded by valid agreement Equitable division Alimony Child support

9 Pre-nuptial Agreements Necessity of counsel Full and fair disclosure Reasonable provision for dependent spouse Modification of Divorce Code Modification of PEF Code –elective share; dower and curtesy Sunset


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