Owen and Patricia own a farm in Platte County, Nebraska as joint tenants. Without Patricia's knowledge, Owen executes a deed conveying his interest to himself and Patricia as tenants in common, then records it. Owen's intent is to sever the joint tenancy so he can devise his half to his son. Which of the following best describes the legal effect of this action under Nebraska law?
Correct Answer
B) The deed effectively severs the joint tenancy, and Owen and Patricia now hold as tenants in common
Nebraska courts, following the modern trend and the Restatement (Third) of Property, recognize that a joint tenant may unilaterally sever a joint tenancy by conveying their interest — including a conveyance to themselves — without the knowledge or consent of the other joint tenant. The self-conveyance (sometimes called a 'strawman deed' or direct severance deed) is recognized as effective to sever the joint tenancy. After the severance, Owen and Patricia hold as tenants in common, and Owen may now devise his half-interest to his son.
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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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