Robert and Susan own a coastal property in Kennebunkport, Maine as joint tenants. Without Susan's knowledge, Robert conveys his interest to his adult son, Kevin, by deed. What is the legal effect of this transfer on the ownership structure?
Correct Answer
C) Susan and Kevin now hold the property as tenants in common, because the joint tenancy was severed by Robert's conveyance
Under Maine property law, a joint tenant may unilaterally convey their interest to a third party, and doing so severs the joint tenancy as to that interest. When Robert conveyed his interest to Kevin, the unity of time and title between Kevin and Susan was destroyed. Kevin and Susan now hold as tenants in common — Kevin has Robert's former share without survivorship rights, while Susan retains her original interest. This is a well-established rule in Maine and most common law jurisdictions.
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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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