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A Tennessee deed conveys property to 'Angela and Brian as joint tenants with right of survivorship.' Angela later sells her interest to Carlos without Brian's consent. What is the result under Tennessee law?

Correct Answer

D) Carlos and Brian now hold the property as tenants in common, with no survivorship rights between them

Under Tennessee law, a joint tenant may unilaterally convey their interest to a third party, but doing so severs the joint tenancy as to that interest. When Angela conveys to Carlos, the four unities required for joint tenancy (time, title, interest, and possession) are broken between Carlos and Brian. Carlos and Brian then hold as tenants in common, with no survivorship rights between them.

Answer Options
A
The sale is void because joint tenancy interests cannot be transferred without co-owner consent
B
Carlos steps into Angela's position and holds a joint tenancy interest with Brian
C
The original joint tenancy remains intact because Angela's transfer was unauthorized
D
Carlos and Brian now hold the property as tenants in common, with no survivorship rights between them

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Related Topics & Key Terms

Key Terms:

joint_tenancyseverancetenancy_in_commonfour_unitiesownership_types

Related Concepts

Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.

Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.

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.

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