Marcus and his sister Diane purchase a vacation cottage on Lake Michigan as joint tenants with right of survivorship. Marcus later decides to sell his interest to his friend Kevin without telling Diane. After the conveyance to Kevin is recorded, what is the resulting ownership structure between Kevin and Diane?
Correct Answer
A) Kevin and Diane now hold the property as tenants in common.
In Michigan, a joint tenant may unilaterally sever the joint tenancy by conveying their interest to a third party. When Marcus conveyed his interest to Kevin, the unity of time and title required for joint tenancy was broken. Kevin and Diane now hold as tenants in common — Kevin holds Marcus's former share without right of survivorship, while Diane retains her share. This is a well-established principle under Michigan property law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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.
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