Four investors — Alice, Bob, Carol, and Dan — take title to a commercial building in Seattle as joint tenants. Bob later conveys his interest to Carol by deed. Subsequently, Alice dies without a will. Assuming no other transfers have occurred, which of the following correctly describes the ownership structure after Alice's death?
Correct Answer
C) Carol owns 50% as a tenant in common, and Dan inherits Alice's interest by survivorship, owning 50% in severalty
This question requires tracking two events. Step 1: When Bob conveyed his 25% interest to Carol, that transfer severed Bob's joint tenancy interest. Carol now holds Bob's 25% as a tenant in common with the remaining joint tenants. However, Carol was already a joint tenant holding her own original 25% interest. The result: Carol holds 25% (original) as a joint tenant with Alice and Dan, PLUS 25% (from Bob) as a tenant in common. Alice and Dan remain joint tenants with each other (and with Carol's original interest). Step 2: When Alice dies, the joint tenancy survivorship right operates between the remaining joint tenants — Dan and Carol's original 25% interest. Dan inherits Alice's 25% joint tenancy interest by survivorship, giving Dan 50% total. Carol's original 25% (joint tenancy) also survives to Dan, meaning Dan holds 50% total in severalty (his original 25% + Alice's 25% by survivorship), while Carol holds 50% as a tenant in common (Bob's transferred 25% plus her own original 25% that merged with Dan's survivorship claim). The correct net result: Carol holds 50% as tenant in common; Dan holds 50% having received Alice's interest by survivorship.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
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.
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