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Rachel and Tom are joint tenants on a residential property in Aberdeen, South Dakota. Without Tom's knowledge, Rachel executes a deed conveying her interest to her brother Paul. After the conveyance, what is the ownership status of the property?

Correct Answer

A) Tom and Paul become tenants in common because the conveyance severed the joint tenancy.

Under South Dakota law, a joint tenant may unilaterally convey their interest to a third party. However, doing so severs the joint tenancy as to that interest. Because Paul did not acquire his interest at the same time or through the same instrument as Tom, the four unities required for joint tenancy are destroyed. Tom and Paul now hold the property as tenants in common, each with an undivided one-half interest.

Answer Options
A
Tom and Paul become tenants in common because the conveyance severed the joint tenancy.
B
The conveyance is void because one joint tenant cannot transfer their interest without the other's consent.
C
Tom and Paul become joint tenants because Paul steps into Rachel's position.
D
Tom becomes the sole owner because the conveyance automatically triggered his right of survivorship.

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Related Topics & Key Terms

Key Terms:

joint_tenancyseverancetenancy_in_commonunilateral_conveyance

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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