In a jurisdiction following the traditional common-law rule, spouses Ava and Ben hold their residence as tenants by the entirety. Ben signs a deed alone purporting to convey his 'one-half interest' to his cousin without Ava joining. What is the most likely result?
Correct Answer
D) The deed is generally ineffective because Ben alone cannot transfer entireties title
Under the traditional tenancy by the entirety rule, the spouses hold as one marital unit, so one spouse acting alone cannot usually sever or convey a separate half interest. Without Ava's participation, Ben's unilateral deed is generally ineffective to transfer entireties title.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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