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Three siblings — Abby, Ben, and Carol — inherit a residential property in Lincoln, Nebraska as joint tenants. Ben later conveys his one-third interest to his friend Derek by warranty deed. What form of ownership exists after the conveyance?

Correct Answer

B) Abby and Carol remain joint tenants with each other; Derek holds as tenant in common with them

Under Nebraska common law, when one joint tenant conveys their interest to a third party, the joint tenancy is severed only as to that share. Abby and Carol, who did not convey their interests, retain the joint tenancy between themselves (including the right of survivorship as to each other's shares). Derek, as the new owner of Ben's former share, holds as a tenant in common with Abby and Carol because he was not an original joint tenant and does not share the four unities with them.

Answer Options
A
Abby, Carol, and Derek hold the entire property as joint tenants
B
Abby and Carol remain joint tenants with each other; Derek holds as tenant in common with them
C
The joint tenancy is entirely severed and all three parties hold as tenants in common
D
The conveyance is void because a joint tenant cannot transfer their interest without consent of the others

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Related Topics & Key Terms

Key Terms:

joint_tenancyseverancetenancy_in_commonconcurrent_ownershipconveyance

Related Concepts

In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.

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.

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