Maria and Carlos purchase a beachfront condo in Miami as joint tenants with right of survivorship. Three years later, Carlos secretly deeds his interest to his brother without Maria's knowledge. What is the current ownership status?
Correct Answer
A) Maria and Carlos's brother own as tenants in common
Correct: A - Maria and Carlos's brother own as tenants in common. When one joint tenant transfers their interest without the other's consent, it severs the joint tenancy and creates a tenancy in common between the remaining original owner and the new party. Why not B: This option is incorrect because "Maria owns the entire property through survivorship rights" does not match the rule tested by the question. The correct answer is "Maria and Carlos's brother own as tenants in common". When one joint tenant transfers their interest without the other's consent, it severs the joint tenancy and creates a tenancy in common between the remaining original owner and the new party. Why not C: This option is incorrect because "Maria and Carlos's brother own as joint tenants with right of survivorship" does not match the rule tested by the question. The correct answer is "Maria and Carlos's brother own as tenants in common". When one joint tenant transfers their interest without the other's consent, it severs the joint tenancy and creates a tenancy in common between the remaining original owner and the new party. Why not D: This option is incorrect because "The deed to Carlos's brother is void under Florida law" does not match the rule tested by the question. The correct answer is "Maria and Carlos's brother own as tenants in common". When one joint tenant transfers their interest without the other's consent, it severs the joint tenancy and creates a tenancy in common between the remaining original owner and the new party.
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Previous Question
Training example Granite Notebook asks the question this way. In a Miami transaction, a buyer wants the Florida rule on joint tenancy versus tenancy in common. Which statement is correct?
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