Two unmarried individuals in California, Sam and Pat, purchase a home together. The deed states they are 'joint tenants.' Sam later marries a different person. Does Sam's marriage affect the joint tenancy with Pat?
Correct Answer
D) No, Sam's marriage does not affect the existing joint tenancy with Pat
Under California law, Sam's marriage to a different person does not affect the existing joint tenancy with Pat. The joint tenancy was created before the marriage and continues as a separate property interest of Sam. The property remains held as joint tenancy between Sam and Pat. However, if community funds are used to make mortgage payments during the marriage, the community may acquire a reimbursement interest.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Eminent domain is the government's constitutional right to take private property for public use, provided the owner receives just compensation. It is also known as condemnation.
An encroachment occurs when a building, structure, or improvement illegally extends onto another person's property or beyond a setback line. It is a physical intrusion, not a right to use the land.
An environmental impact statement (EIS) is a detailed report required for major federal projects or actions that may significantly affect the environment. It is mandated by the National Environmental Policy Act (NEPA).
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