Concurrent Ownership and Marital Property

Property Law Final

Tenancy in common

• Each tenant has an undivided, fractional interest in the property

• Each may transfer his interest to another person

• Each has the right to use and possess the whole parcel

Joint tenancy

• Each tenant has an undivided right to use and possess the whole property

• Each has a right of survivorship

4 Unities of joint tenancy

1. Time

2. Title

3. Interest

4. Possession

Time unity

All tenants must acquire their interests at the same time

Title unity:

All tenant must acquire title by the same instrument

Interest unity:

All tenants must have the same shares in the estate, equal in size and duration

Possession unity:

All tenants must have an equal right to possess, use, and enjoy the whole property

Concurrent Ownership cases:

• James v. Taylor

• Tenhet v. Boswell

Partition cases:

• Ark Land Co. v. Harper

• Esteves v. Esteves

Tenancy by the Entirety

• Each tenant has an undivided right to use and possess the whole property and a right of survivorship

• can only be ended by death, divorce, or the agreement of both spouses

Tenancy by the Entirety case:

• Sawada v. Endo