Marcus and Diane are joint tenants on a residential property in Duluth, Minnesota. Without Diane's knowledge, Marcus conveys his interest in the property to his brother Leon by executing and recording a deed. What is the most likely legal result under Minnesota law?
Correct Answer
D) The joint tenancy is severed, and Leon and Diane now hold the property as tenants in common.
Under Minnesota law, a joint tenant may unilaterally convey their interest to a third party without the consent of the other joint tenant(s). However, doing so severs the joint tenancy as to the conveyed interest. The result is that Leon and Diane hold as tenants in common — Leon has the interest Marcus transferred, and Diane retains her original undivided interest, but the survivorship feature between them is destroyed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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.
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