Priya and her husband Devon purchase a home in Huntsville, Alabama, taking title as joint tenants with right of survivorship. Devon later executes a deed transferring his interest to his business partner without Priya's knowledge. What is the most likely legal effect of Devon's unilateral transfer under Alabama law?
Correct Answer
B) The joint tenancy is severed, and Devon's business partner becomes a tenant in common with Priya.
Under general common-law property principles applied in Alabama, a joint tenant may unilaterally convey their interest, which severs the joint tenancy as to that share. The new co-owner (Devon's business partner) holds as a tenant in common with the remaining original joint tenant (Priya). The right of survivorship is destroyed between those two parties upon severance.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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