Edward and Fiona are unmarried co-owners of a property in Northampton, Massachusetts. The deed states they hold title 'as joint tenants.' Edward dies, leaving a will that attempts to devise his interest in the Northampton property to his daughter, Gina. Fiona claims the entire property by survivorship. Gina argues the joint tenancy was never validly created because Edward and Fiona are not married. Under Massachusetts law, who prevails?
Correct Answer
B) Fiona prevails because Massachusetts law permits unmarried persons to hold property as joint tenants, and the survivorship right extinguishes Edward's ability to devise the property by will
Under Massachusetts law, joint tenancy is not limited to married couples — any two or more persons may hold property as joint tenants provided the deed expressly creates a joint tenancy with survivorship language and the four unities are satisfied. Because the deed expressly states 'as joint tenants,' a valid joint tenancy was created. Upon Edward's death, the right of survivorship operates automatically by law: Edward's interest extinguishes at the moment of death and Fiona becomes the sole owner. Because Edward had no interest to devise at the moment of death, his will has nothing to operate on. Gina receives nothing.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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.
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