Under California law, a married couple holds their home as joint tenants. Without the other spouse's knowledge, one spouse conveys their interest to themselves as a tenant in common using a grant deed. Under the ruling in Riddle v. Harmon, what is the effect?
Correct Answer
D) The joint tenancy is severed, and the couple now holds as tenants in common
Riddle v. Harmon (1980) established that a joint tenant in California can unilaterally sever the joint tenancy by conveying their interest to themselves. No strawman intermediary is needed. The conveyance destroys the unity of title, converting the ownership to tenancy in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
Deed restrictions are limitations placed in a deed that control how a property may be used by the current and future owners. They are a form of private land use control that runs with the land.
An easement is a legal right to use another person's land for a specific purpose without owning it. It is a nonpossessory interest in real property that typically runs with the land.
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