Married couple Alan and Beth hold their California home as joint tenants. Alan dies. Beth later discovers that Alan had secretly conveyed his interest to his friend, Dave, six months before his death. Under California law, what is the status of the property?
Correct Answer
D) Dave owns Alan's former half as a tenant in common with Beth
Under California law, a joint tenant has the right to convey their interest without the other joint tenant's consent. When Alan conveyed his interest to Dave, this severed the joint tenancy because the unity of title was destroyed. The conveyance converted the ownership to a tenancy in common between Beth and Dave. Since the joint tenancy was already severed before Alan's death, the right of survivorship no longer applied.
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