Four siblings — Ava, Ben, Clara, and David — inherit a Providence, Rhode Island property as joint tenants with right of survivorship. Without the others' knowledge, Ben conveys his interest by deed to his friend Erik. Ava, Clara, and David continue to believe they are joint tenants with Ben. Under Rhode Island property law, what is the ownership structure of the property after Ben's conveyance to Erik?
Correct Answer
C) Ava, Clara, and David remain joint tenants among themselves, while Erik holds his interest as a tenant in common with the other three.
Under Rhode Island property law, a joint tenant may unilaterally sever their own interest by conveying it to a third party. When Ben conveyed his interest to Erik, Ben's joint tenancy was severed as to that share. Erik, as a new party who did not acquire his interest through the same instrument or at the same time as the original joint tenants, cannot be a joint tenant with Ava, Clara, and David. Therefore, Erik holds his one-quarter interest as a tenant in common with the group. However, Ava, Clara, and David's joint tenancy among themselves remains intact — they are still joint tenants with each other as to their three-quarters combined interest, while Erik is a tenant in common with all three of them.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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