Thomas and his wife, Diane, purchase a home in Kanawha County, West Virginia. They take title as joint tenants with right of survivorship. Several years later, Thomas conveys his interest in the property to his business partner, Victor, without Diane's knowledge. Which of the following best describes the legal effect of Thomas's conveyance?
Correct Answer
A) Victor and Diane now hold the property as tenants in common, and the joint tenancy is severed.
Under West Virginia property law, a joint tenant may unilaterally convey their interest to a third party, and doing so severs the joint tenancy. When Thomas conveyed his interest to Victor, the joint tenancy between Thomas and Diane was destroyed. Victor and Diane now hold the property as tenants in common — Victor with Thomas's former 50% interest and Diane with her 50% interest — with no right of survivorship between them. This is a well-established principle of concurrent ownership law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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.
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