A Connecticut couple, James and Linda, purchased their home in 1998 as joint tenants. In 2010, James secretly conveyed his interest in the property to himself as a sole owner through a deed to a straw man and back, effectively severing the joint tenancy. Linda was unaware of this action. James then dies in 2024. Which of the following best describes the ownership status of the property after James's death?
Correct Answer
A) Linda and James's estate each own an undivided half interest as tenants in common because the joint tenancy was severed before his death
Under Connecticut law, a joint tenant can unilaterally sever a joint tenancy by conveying their interest, even without the other joint tenant's knowledge or consent. The use of a straw man deed (conveying to an intermediary and back) is a recognized method of severance. Once severed, the joint tenancy converts to a tenancy in common, eliminating the right of survivorship. Since the severance occurred before James's death, Linda does not receive his share by survivorship; instead, his half interest passes through his estate.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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.
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