Two sisters, Donna and Ellen, own a house in Decatur, Alabama, as joint tenants with right of survivorship. Without Ellen's knowledge, Donna deeds her half-interest to her friend Pat. Later, Donna dies. Who owns the property after Donna's death?
Correct Answer
A) Pat and Ellen each own an undivided 50% interest as tenants in common.
When Donna unilaterally conveyed her joint tenancy interest to Pat, she severed the joint tenancy as to her share. Pat received a tenancy in common interest (50%), not a joint tenancy interest, because Pat did not acquire title through the same instrument or at the same time as Ellen — the four unities required for joint tenancy were not met. Ellen's interest was not affected; she retains her 50% but now holds it as a tenant in common with Pat. Upon Donna's death, there is no survivorship right for Ellen to exercise over Pat's share because the joint tenancy was already severed. Result: Pat 50% and Ellen 50% as tenants in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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