Kevin and Lena hold title to a St. Louis condominium as joint tenants with right of survivorship. Without Lena's knowledge, Kevin conveys his interest to his business partner, Troy, by a valid deed. What is the legal effect of this conveyance under Missouri law?
Correct Answer
D) The joint tenancy is severed, and Troy and Lena now hold the property as tenants in common.
Under Missouri law, a joint tenant may unilaterally convey their interest to a third party, and doing so severs the joint tenancy. When Kevin conveyed his interest to Troy, the unity of title — one of the four unities required for joint tenancy — was destroyed. As a result, Troy and Lena now hold the property as tenants in common. Troy holds Kevin's former one-half interest, and Lena holds her one-half interest, but neither has a right of survivorship against the other.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
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