Wendy and Xavier are joint tenants on a property in Quincy, Massachusetts. Wendy executes a deed conveying her interest to herself as a tenant in common, intending to sever the joint tenancy so she can leave her share to her children. Xavier argues that a person cannot deed property to themselves and that the joint tenancy was not severed. Under current Massachusetts law, what is the most accurate statement about Wendy's self-conveyance?
Correct Answer
B) The self-conveyance is effective to sever the joint tenancy because Massachusetts law permits a joint tenant to sever by executing and recording a deed to oneself
Massachusetts law, consistent with the modern trend codified in MGL Chapter 184, Section 7, allows a joint tenant to sever the joint tenancy by executing and recording a deed conveying their interest to themselves. This self-conveyance (sometimes called a 'straw' deed or direct severance) is recognized as effective to destroy the unity of title required for joint tenancy. Wendy's recorded self-conveyance successfully severs the joint tenancy, and she and Xavier now hold as tenants in common. This modernizes the older common law requirement of using an intermediary straw party.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
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