Concurrent Interests

Tenants in Common

Owners are separate, same interests. "T devises Blackacre to A and B." No survivorship rights between tenants in common (if one dies, the other doesn't get their share).

Joint Tenants

Considered a single owner. "To A and B as joint tenants and not as tenants in common [with the right of survivorship]". Right of survivorship (if one dies, the other gets their share). Not descendible or devisable. Joint tenants are considered to be a single owner. Seised per my et per tout (by the share or moiety and by the whole). 4 "unities", if one is violated then the interest converts to "tenants in common".

4 Unities of Joint Tenancy

Time - Interest of each joint tenant must be acquired or vested at the same time

Title - All joint tenants must acquire title by same instrument or joint adverse possession, never by intestate succession or other act

Interest - All must have equal undivided shares, identical interests

Possession - Each must have right to possess the whole. BUT one joint tenant can voluntarily give possession to other joint tenant.

Tenancy by the entirety

Only for married couples. Four unities are required (same time, title, interest, possession). Right of survivorship. Spouses are considered one person at common law. Neither spouse defeats right of survivorship by conveying to a third party, both spouses have to do that. Divorce ends the tenancy.

Riddle

Woman tries to convert joint tenancy with her husband to tenancy in common by conveying her interest to herself as a joint tenant in common. Joint tenant may unilaterally end their joint tenancy and convert to "tenant in common", ending survivorship rights for the sake of common sense and efficiency.

Harms

Granting of a mortgage is not vesting a title and does not destroy a joint tenancy. A mortgage dies with the death of a joint tenant, the survivor earns their share because they are "one" owner as joint tenants.

Delfino

P wants partition by sale, dividing proceeds. D wants partititon of the land. Partition is feasible, do it. Partition by sale of land held by tenants in common may be done only if the physical attributes of the land are such that partition is impracticable or inequitable, and if the interests of the owners would be better promoted by interest by sale, considering not just one tenants economic gain, but all tenants. Burden is on party requesting partition by sale to demonstrate it better serves parties' interests.

Spiller

P & D own warehouse as tenants in common. Spiller uses the warehouse to store things, Mackereth sues for rent or demanding he vacate half the building. Cotenants both have complete ownership of the land. No need to pay rent. Liability to pay rent without a lease is established when cotenant "ousts" the other by acting as if they have total ownership, denying the cotenant access to the property (criteria for adverse possession).

Swartzbaugh

Two cotenants lease land, third one sues to cancel the lease unless they're paid rent. Third cotenant cannot cancel the lease or demand rent, because the other two only leased their property interests. Third one can still access the land. May collect rent if denied their right as cotenant. A joint tenant leases no more rights than they hold as a cotenant, lessor cannot stop the third cotenant from accessing the land.

Graham

Wife trying to say that hubby's MBA is marital property to be divided up cus she supported him while he was in school. Degree is not marital property. That which has no exchangeable value, is personal to the holder, terminates on death, is not inheritable, is not property and cannot be claimed as marital property.