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Concurrent Ownership. Tenants in Common Default method under modern law “To A and B” “To A and B as tenants in common” No survivorship rights.

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Presentation on theme: "Concurrent Ownership. Tenants in Common Default method under modern law “To A and B” “To A and B as tenants in common” No survivorship rights."— Presentation transcript:

1 Concurrent Ownership

2 Tenants in Common

3 Default method under modern law “To A and B” “To A and B as tenants in common” No survivorship rights

4 Joint Tenants Default method under common law Survivorship feature “To A and B as joint tenants” Note that many states, including Texas, require the survivorship feature to be expressly stated, that is, “To A and B as joint tenants with right of survivorship.”

5 Joint Tenants – Unities of Title – “T-TIP” Time Title Interest Possession

6 Tenancy by the Entirety Special type of joint tenancy between spouses “To A and B as tenants by the entireties”

7 Marital Estates Arise by operation of law, not because of intent of the parties.

8 Jure Uxoris Upon marriage but before birth of child Husband has a life estate in wife’s property for the life of wife

9 Curtesy Initiate Upon birth of first child and while wife is still alive Husband will have life estate in wife’s property until husband dies

10 Curtesy Consummate Upon wife’s death assuming at least one child was born to the marriage Husband has life estate in wife’s property

11 Dower Wife has no lifetime interest in husband’s property Upon husband’s death, wife receives a life estate in 1/3 of husband’s real property he owned anytime during the marriage

12 Modern Protection for Surviving Spouse Spouse made an heir Common law marital property states = forced (elective) share Community property marital property states = community property Homestead

13 In re Estate of Michael “To H and B, tenants by the entireties, and F and H, tenants by the entireties, with right of survivorship.” H dies first; then B dies. What interest, if any, did B own when B died?

14 In re Estate of Micheal Courthouse where case was litigated

15 Laura v. Christian

16 Jackson v. O’Connell A, B, and C held as joint tenants with survivorship right. A sold A’s interest to B. B died leaving her interest to 4 nieces. How much do the nieces receive?

17 Matter of Estate of Vadney A conveyed “to A and B.” A died. How much does B now own?

18 Matter of Estate of Vadney

19 Jones v. Green Grant provided “to A and B as joint tenants with full rights of survivorship and not as tenants in common.” May A partition?

20 Duncan v. Vassaur Husband and Wife owned property as joint tenants with survivorship rights. Wife killed Husband. Wife conveyed her share to her Father. How much does Father own?


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