A Michigan couple, the Garcias, owned their home as joint tenants with right of survivorship. Mr. Garcia, without his wife's knowledge, executed a deed conveying his interest in the home to himself as a tenant in common — a legal technique sometimes called a 'straw man' conveyance — and then immediately executed a new deed conveying that same interest to his adult son from a prior relationship. Mrs. Garcia discovers this after Mr. Garcia's death and claims she owns 100% of the home through survivorship. Which of the following most accurately describes the legal outcome under Michigan law?
Correct Answer
B) Mrs. Garcia and the son each own 50% as tenants in common because Mr. Garcia effectively severed the joint tenancy before his death.
Because the Garcias held title as joint tenants with right of survivorship (not as tenants by the entirety), Mr. Garcia could unilaterally sever the joint tenancy by conveying his interest. After the severance and transfer to his son, Mrs. Garcia and the son each hold an undivided 50% as tenants in common.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
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