Unit 5 Quizzes

Chapters 8/9 Quiz Bank

​In 1995, Edna R. Murphy executed a quitclaim deed conveying her residence to herself and Dorothy Moore as joint tenants with a right of survivorship. This quitclaim deed was recorded. In 1998, Murphy quitclaimed her interest in the property to another party, who, in 2002, quitclaimed the property back to Murphy. Who owns the property now?

Murphy and Moore as tenants in common

1. The subsequent quitclaim deed in 2002 from the third party back to Murphy did not automatically reinstate the joint tenancy with Moore. To re-establish a joint tenancy, the four unities would need to be re-established between Murphy and Moore, typically requiring a new deed creating a joint tenancy explicitly

2. Since the joint tenancy between Murphy and Moore was severed in 1998 and not subsequently re-established, the ownership arrangement between Murphy and Moore remains a tenancy in common, meaning each holds a distinct, undivided interest in the property without the right of survivorship

Which unity is required for tenancies in common?

Possession only 

A joint tenancy in which there are unequal shares will fail because of violation of the unity of:

Interest

Joan and Jan Brewer own their home as joint tenants with ROS.  Jan borrowed $375,000 from First Thrift Trust.  First Thrift Trust took a mortgage on the property owned by Jan and Joan.  Joan was unaware of the mortgage and did not sign any paperwork for the mortgage.  Jan has died without paying off the First Thrift Trust loan.  Which of the following statements is correct?

• The property is not subject to the First Thrift Trust mortgage.

  • From Steve - With a joint tenancy, in this example there are only two joint tenants… Joan with have 100% ownership of the property because Jan died.  The bank’s lien was against Jan’s interest in the property – which disappeared upon her death, is not a lien against Joan’s interest in the property.  Therefore, the bank cannot foreclose on the property which is 100% owned by Joan.

Tenancies in common must satisfy the four unities of time, title, interest and possession.

False - possession only

A joint tenancy can be created between two people with a 1/3 and 2/3 interest respectively.

False - violates unity in interest 

Joint tenants can transfer their interests by will.

False

• "right of survivorship" overrides any instructions left in a will regarding the jointly held property

• If the intent is to allow for transfer by will, a different form of ownership, such as tenancy in common, would be appropriate

A putative spouse may have property rights in the marital property.

True

Unmarried cohabitants cannot have a valid agreement for property distribution.

False

• Unmarried cohabitants can have a valid agreement for property distribution. These agreements, often called Cohabitation Agreements (or living together agreements or domestic partnership agreements), are legally binding contracts designed to outline how unmarried partners will handle property, finances, and responsibilities during their relationship and in the event of a separation or the death of one partner. They serve a similar purpose to prenuptial agreements for married couples, providing clarity and legal protection regarding assets and debts in the absence of marriage laws that automatically grant certain rights. 

A, B and C are joint tenants.  C has died and left all of his property to his son, C, Jr.  C, Jr.:

Has no rights to the property now held by A and B. - in joint tenancy

A strawman transaction is used:

By an owner to create a joint tenancy with another person and himself.

Which is not a unity required for a joint tenancy?

Person

A conveyance by a tenant in common to another tenant in common severs the tenancy in common.

False, not in Tenancy in Common

In community property states, its principles are applicable only if both spouses are employed.

False

• Community property laws dictate that most assets and debts acquired by either spouse during a marriage are considered equally owned by both, regardless of which spouse earned the income or incurred the debt

The timing of the presentment of a prenuptial agreement is part of determining its validity.

True

A party receiving an interest in land from a joint tenant becomes a tenant in common with the remaining joint tenants.

True

Joint tenants must own equal shares.

True

Putative Spouse

arises when someone believe they are legally married, but the marriage is invalid due to an unknown impediment 

• may have property rights in the marital property 

• doctrine designed to protect individuals who, in good faith, believe they are legally married

Under the Uniform Marital Property Act, which of the following is not a requirement for a valid premarital agreement?

Can be used only by a putative spouse. 

• Voluntary execution: The agreement must be entered into voluntarily by both parties.

• A writing evidencing the agreement: The agreement must be in writing and signed by both parties.

• Full disclosure of assets and liabilities: Both parties must make a full and fair disclosure of their financial information.

• Independent legal counsel (or opportunity to obtain): While not always a strict requirement, the opportunity to obtain independent legal advice is a significant factor in determining the voluntariness and enforceability of the agreement.

​Which of the following is not a requirement for a valid prenuptial agreement?

Consideration

While consideration is a fundamental element of most contracts, it is generally not a requirement for a valid prenuptial agreement. Prenuptial agreements are often upheld even without a clear exchange of value (consideration) because the marriage itself is considered sufficient consideration. 

A, B and C are joint tenants.  C has died and left all of his property to his son, C, Jr.  C, Jr.:

Has no rights to the property now held by A and B.

• Transferable if alive, goes to tenant in common 

• Cannot be left in will when tenant dies 

• interest left to remaining tenants 

Smith purchased a home before he married.  He and his spouse now reside in the home.  The home is:

Separate property

• bought before the marriage 

Co‑tenants are not responsible for contributing toward the cost of improvements made by one tenant.

True

A creditor of a tenant in common has a lien on the entire property.

False 

• A creditor of a tenant in common can only place a lien on that tenant’s individual interest, not the entire property. The other co‑tenants’ interests are unaffected. If the creditor enforces the lien, it could lead to a forced sale of that tenant’s share, but it does not automatically give the creditor rights to the whole property.

A tenancy by the entirety requires four unities to be created validly.

False

• All 4 main unities plus Person (marriage) so 5 total unities

  • the co-owners must be legally married

Prenuptial agreements are void.

False

• Prenuptial agreements are generally not void; in fact, they are legally recognized and enforceable contracts in most jurisdictions, provided they meet certain legal requirements.

Palimony agreements

financial support paid by one former partner to another in an unmarried, non-marital relationship after a breakup, and it requires a proven agreement or a valid cohabitation agreement between the two parties

Palimony agreements are recognized by most courts as valid property agreements when the consideration is within legal standards.

True

• Many courts do enforce palimony agreements (agreements between unmarried partners for support or property division) if the agreement is in writing, voluntary, and supported by consideration.

• “Most courts” refers to the majority of jurisdictions that allow enforcement under contract principles, though not all states recognize palimony.

Joint tenants can make valid testamentary transfers of their interests.

False

• Joint tenants have a right of survivorship, which means their interest automatically passes to the surviving joint tenant(s) upon death. Because of this, a joint tenant cannot make a valid testamentary transfer (i.e., leave their share in a will) that affects the survivorship right. Any attempt to do so is ineffective against the surviving joint tenants.

​A, B and C are tenants in common.  A owns 2/3 interest.  B and C own 1/6 each.  C has died leaving his interest to his daughter, D.  B has transferred his interest to H.  The property is now owned as follows

​A – 2/3, D – 1/6, H – 1/6

​Community property with right of survivorship:

Allows married couples to hold title to property in community property states with right of survivorship.

• In some community property states, married couples can hold property as community property with right of survivorship.

• This means when one spouse dies, their interest automatically passes to the surviving spouse, avoiding probate.

William and Cynthia agreed, through a written agreement, that in the event that they got a divorce that William would pay Cynthia $2,400 per month in alimony for the earliest of either five years had expired or Cynthia had remarried.  They signed the agreement two months before they were married in 1975.  In 2018, they were divorced and Cynthia wanted her $2,400 per month.  William says he does not make enough money to pay that much.  Which best describes what the court will do?

The court will honor a valid prenup agreement that is voluntarily entered into

• Prenuptial agreements that are voluntarily entered into and meet legal requirements are generally enforceable, including provisions about alimony.

• Courts typically uphold the agreed-upon terms, unless the agreement is unconscionable, was signed under duress, or violates public policy.

On December 1, 2020, Tyrone, Ned, and Arlen were deeded a piece of land as tenants in common.  The deed provided that Tyrone owned 1/2 the property and Ned and Arlen owned 1/4 each.  If Arlen dies, who owns what and how much?  

Tyrone ½ , Ned ¼ , Arlen’s heirs ¼

• Interest passes to heirs in T.I.C.

What is consideration?

consideration means something of value exchanged between the parties that makes the agreement legally enforceable

• It can be monetary payment, a promise to pay, or other benefits or obligations that each party agrees to.

• For example, in a palimony agreement, one partner’s promise to provide support in exchange for the other partner giving up rights or providing something in return counts as consideration.

• Without consideration, the agreement would be unenforceable as a contract.

In short: consideration = a legal reason the agreement is binding, something each side gives or promises to give.

A tenancy by the entirety can be severed by either spouse.

False

• A tenancy by the entirety cannot be severed by just one spouse. It requires the consent of both, or it can be severed through divorce, annulment, or death of a spouse.

A creditor of a single joint tenant:

Can foreclose only on the joint tenant's interest.

A, B, C, and D are tenants in common on a parcel of land. D conveys to E. C conveys to F. B dies and leaves his property to his children, G, H, and I.

Suppose that A, B, C and D were joint tenants.  Who owns what?

A, E, F – with A owning 1/2

A tenancy in partnership:

Is most like a joint tenancy.

On March 25, 2001, Margaret D. Smith and Mrs. Smith’s daughter and son-in-law, Judy and Troy Reed (Defendants), bought a home in Mooresville, North Carolina. Countrywide Home Loans, Inc., (Plaintiff) agreed to finance the purchase of the home and provided a loan of $117,900 to Mrs. Smith. The general warranty deed named the grantees as “Margaret D. Smith and Troy D. Reed and wife, Judy C. Reed as Joint Tenants with rights of survivorship."

Margaret Smith has passed away and has left all of her property to her son, Jack.  Which of the following is an accurate statement as to the ownership of the home?

​Troy and Judy Reed own the home as joint tenants with right of survivorship.

If a joint tenant dies, title to his portion of the estate transfers to his heirs.

False

Separate legal counsel for each party is a requirement for the validity of a prenuptial agreement.

FALSE

A and B are tenants in common, with each owning a 1/2 interest.  B conveys her interest to C.  A dies, leaving all her property to her children.  Who owns the property now?

C owns 1/2 and A’s children own 1/2

​Which of the following is required for a valid prenuptial agreement?

​Voluntary signature

• Other options:

  • Notarization can help but isn’t always required.

  • Separate legal counsel is recommended but not mandatory.

  • Court approval is not required unless the agreement is being challenged.

A, B, C, and D are tenants in common on a parcel of land. D conveys to E. C conveys to F. B dies and leaves his property to his children, G, H, and I. What interest does A hold?

¼

Tenants in common must own equal shares of their property.

False

That both spouses had adequate individual income and means of support is a factor in determining the validity of prenuptial agreements.

True 

• Courts often look at whether both spouses had adequate individual income and means of support when deciding if a prenuptial agreement is fair and valid. This helps ensure the agreement wasn’t unconscionable or signed under undue pressure.

A tenant in a tenancy in partnership can convey his interest by will.

False

• Right of survivorship like Joint Tenancy

Differences between Joint Tenancy and Tenancy in Partnership

Ownership

• JT - Each joint tenant owns an equal undivided share. TP - Partnership as an entity owns the property; partners don’t own it personally.

• Partnerships are usually for business purposes

Tenancy in partnership has the characteristic of survivorship like that found in a joint tenancy.

True

A and B are joint tenants. A conveys his interest to C. B passes away and leaves his interest to his daughter, D. How much interest did A and B  hold initially?

One‑half each

A and B own property as joint tenants with right of survivorship.  B dies and in his will disposes of one‑half of the joint tenancy property to his niece.  The testamentary disposition is:

Ineffective.

Creditors of individual joint tenants have limited foreclosure rights.

True

A creditor foreclosing on a joint tenant's pledged interest becomes a joint tenant.

False

• they can sell interest or become a tenant in common

Roy Bean and Alvira Jones are tenants in common in a casino and hotel in Sparks, Nevada.  Roy is a bit of a spendthrift and has run up over $75,000 in credit card debt, $212,000 in lines of credit, and also has a $759,000 mortgage on a house that is now worth $300,000.  Roy’s creditors have judgments totaling the amount of these debts, plus interest, plus collection expenses and litigation fees for a total of $1.5 million.  The creditors have placed a judgment lien on the casino.  Which of the following statements is correct?

​Alvira’s interest in the casino cannot be attached by the creditors.

A, B, C, D – tenants in common on a parcel of land.

D conveys to E

C conveys to F

B dies and leaves his property to his children, G, H and I

Which describes accurately who owns the parcel?

​A, E, F, G, H and I

In 1951, Margaret, Julia, May, and Jennie Hasselman (collectively, the Hasselman Women) acquired by intestate succession an undivided one-half interest in the surface and mineral rights of a 160-acre tract of land in San Juan County, New Mexico (the Property). On April 26, 1951, the Hasselman Women conveyed their entire interest in the Property to May's husband. Immediately thereafter, May's husband conveyed the Property back to the Hasselman Women as joint tenants. The language of the deed from May's husband to the Hasselman Women explicitly stated:  “Not in tenancy in common but in joint tenancy."

May died in November 1962. Julia died in November 1973. Margaret died in May 1974. In September 1981, Jennie executed a warranty deed conveying an undivided one-half interest in the property to herself and her daughter, June, as joint tenants.  Who owns the Property now?

​Jennie and June own a full one-half interest in the Property as joint tenants - not me 

 

​Jennie and June own a full one-half interest in the Property as tenants in common

The remaining joint tenants can recover damages from a joint tenant who transfers his interest and severs the tenancy.

False

A "strawman" transaction is used to satisfy the unity of time in creating a joint tenancy.

True

In both tenancies in common and joint tenancies, all tenants have the right to exclusive use and possession.

True

Tenants in common can make valid testamentary transfers of their interests.

True for tenants in common

Joan and Jan Brewer own their home as joint tenants with ROS.  Jan borrowed $375,000 from First Thrift Trust.  First Thrift Trust took a mortgage on the property owned by Jan and Joan.  Joan was unaware of the mortgage and did not sign any paperwork for the mortgage.  Jan has died without paying off the First Thrift Trust loan. Suppose that Joan passes away and Jan has still not paid off the First Thrift Trust mortgage.  Which of the following statements is correct?

First Thrift Trust can foreclose on the mortgage on the property. 

Alex Freestone has just signed a six-month lease for an apartment with rent of $600 per month. What is the maximum security deposit the landlord could collect from Alex under the URLTA?

$1,000 - not me

$600

$300

$900

Amy Geiger had a two-year lease on a Manhattan apartment that began on August 1, 2019, and was to run until July 31, 2021 at a rate of $1,200 per month.  What is the maximum security deposit the landlord can charge Amy under the URLTA?

$1,200

In states that have not adopted the URLTA:

Tenants have protections from code violations.

• Even in states that have not adopted the URLTA, tenants are generally protected by local housing codes and ordinances that address health and safety standards in rental properties. These codes establish minimum requirements for habitability and can be enforced by local authorities, providing tenants with recourse against landlords who fail to maintain their properties in a safe and livable condition.

Which of the following is an accurate statement about rent control statutes?

Property owners have

 

They are preempted by the Sherman Act - not me 

 

They are unconstitutional

 

They are void

​Charles Haydon leased an apartment at the 445/86 building.  The lease provided that the apartment could not be used “other than as a private dwelling for the Lessee and Lessee's wife, their children, grandchildren, parents, grandparents, brothers and sisters and domestic employees.”  Mr. Haydon never lived in the apartment but had his mother-in-law move in and pay rent to him.  The apartment building prohibited sublets of apartments.  The landlord filed suit to end Mr. Haydon’s lease.  Which of the following is correct?

​The landlord can develop rules on occupation and subletting and enforce them.

​In some states, the leasing of properties with code violations is void.

True

​Landlords can place valid waivers of rent stabilization provisions in their leases.

False

• rent stabilization laws are designed to protect tenants and are typically considered mandatory public policy that cannot be waived by private agreement

• While specific regulations can vary by jurisdiction, the intent of rent stabilization is to provide a baseline level of protection for tenants regarding rent increases and eviction procedures. Allowing landlords to easily waive these provisions would undermine the purpose of such laws and could lead to exploitation of tenants. Therefore, courts often deem such waivers unenforceable as they contravene public policy. 

The warranty of habitability applies to property conditions, such as the presence of mold or second-hand smoke.

True

​The implied warranty of habitability does not apply once a tenant moves in.

False

• The implied warranty of habitability is a fundamental legal principle in landlord-tenant law that requires landlords to provide and maintain a safe and livable rental property. This warranty continues to apply throughout the tenancy

• Landlords have an ongoing obligation to ensure the premises are fit for human habitation, meaning they must address issues that affect a tenant's health, safety, or well-being, such as structural problems, lack of essential utilities, or pest infestations.

• If a landlord fails to uphold this warranty, tenants typically have legal recourse, which may include the right to withhold rent (in some jurisdictions), repair and deduct, or terminate the lease. 

​Non-refundable cleaning deposits are not permitted under URLTA.

True

• Under the URLTA, landlords cannot require non-refundable cleaning deposits. Any security deposit collected must be refundable, minus allowable deductions for damages beyond normal wear and tear.

Which of the following is an accurate statement about rent control statutes?

 

Property owners have - have what?

Which of the following is required prior to repair and deduct under URLTA?

 

Notice to the landlord

​Mary Weatherall was a tenant in the Yorktown Townhome complex. She fell on the ice and snow accumulated outside her leased apartment and fractured her ankle. Which of the following statements is correct about these circumstances?

 

​Landlords have liability for injuries caused by the failure to maintain common areas.

Under Section 8 housing policies, which of the following have not been upheld by the courts?

 

Eviction of a tenant with physical disabilities

​The amount of the security deposit is limited under the URLTA.

True

​Landlords can provide for the retention of a security deposit as damages for a breach.

True

​The warranty of habitability cannot be eliminated by agreement.

True

​There is no limit on the URLTA on the amount of security deposit or prepaid rent that the landlord can charge.

False

“To A on a month-to-month basis beginning June 30, 2020” is an example of a tenancy at will.

False - periodic tenancy

Which of the following is not true under the URLTA?

Security deposits are non-refundable - prolly me

The self‑help section permits repair and deduct

Landlord access is limited

Subleases are prohibited

Which of the following existed at common law?

Landlord's liability for common areas

Repair and deduct

Rule in Dumpor's Case - prolly me

Implied warranty of habitability

Austin DeCoster asked the landlord to allow installation of DirecTV in his apartment.  The landlord consented.  When the DirecTV representative arrived to install the necessary equipment in Austin’s apartment, the landlord gave him access.  Austin had changed his mind about DirecTV.  Which of the following is correct?

The landlord must always have permission to gain access to a tenant’s apartment.

 

The landlord had authority to allow the DirecTV representative into Austin's apartment.

 

The landlord can allow access only for landlord repairs.

Beginning about 1998, Allan Fieldgrove leased farm land to Kenny Wilson (Kenny) under an oral year-to-year lease agreement, with an annual term from March 1 through the end of February each year. Rent was paid in cash. The most recent lease between Allan Fieldgrove and Kenny ran from March 1, 2007, through February 29, 2008. Kenny died on August 4, 2007. Cindy Wilson was the sole beneficiary of Kenny’s estate. Mrs. Wilson and her sons continued farming the land after Kenny’s death. On at least four occasions following Kenny’s death, Mrs. Wilson or her sons communicated to Mr. Fieldgrove their intention to continue farming the land in 2008. Mr. Fieldgrove never gave written notice to any member of the Wilson family of his intention to terminate the farm lease.  Mrs. Wilson and her sons kept farming the land during 2008.

After February 29, 2008, Mrs. Wilson had:

​On March 1, 2008, without further action by either party:

The original lease agreement between Kenny and Fieldgrove was:

1. A tenancy at sufferance.

 No tenancy because it was oral and Mr. Wilson was dead. - try me?

 A tenancy at will.

2. The lease has ended

3. A periodic tenancy

​Ann Cohen signed a lease for an apartment that required that she pay the first month’s rent of $2,200, the last month’s rent of $2,200, and a cleaning deposit of $350.  Ann wonders, “Isn’t it a violation of the law to require someone to pay almost $5,000 to move into an apartment?”  Choose from the following your response to Ann:

​Ann is incorrect; prepaid rent is not considered a deposit and the first month’s rent is due – the cleaning deposit is within URLTA limits.

​There was an implied warranty of habitability at common law.

False 

• At common law, landlords were generally not responsible for ensuring a rental property was habitable; tenants had to accept the premises “as is.”

• The implied warranty of habitability is a modern statutory doctrine, established by laws like the URLTA, requiring landlords to maintain safe and livable conditions.

• “common law” = the old legal rules from court decisions, before modern tenant-protection laws

​At common law, the landlord had no obligation to repair leased property.

True

Alex Freestone has just signed a six-month lease for an apartment with rent of $600 per month. How can Alex's lease be terminated without either side being liable for damages?

If the building is destroyed by natural disaster

• A fixed-term lease (like Alex’s six-month lease) generally cannot be terminated early by the landlord or tenant without liability, unless both agree or a legal exception applies.

• One key exception is destruction of the leased property (e.g., fire, flood) that makes it uninhabitable. In that case, the lease is automatically terminated and neither party owes damages.

• The 30-day notice options apply only to month-to-month or periodic tenancies, not fixed-term leases.

Which of the following provisions must be included in a lease agreement for that agreement to be valid and enforceable?​

​A description of the leased premises

Amy Geiger had a two-year lease on a Manhattan apartment that began on August 1, 2019, and was to run until July 31, 2021 at a rate of $1,200 per month.  Amy was assigned to work in the London office of her company from January 1, 2020 until August 31, 2020.  Amy wishes to rent her apartment to someone during that time. Which of the following statements is true?

Amy is entitled to the protections of the implied warranty of habitability.

A sublease:

Is an assignment for part of a lease.

• A sublease occurs when the original tenant (the sublessor) transfers their rights to a new tenant (the sublessee) for part of the lease term or part of the property, while retaining some reversionary interest.

• An assignment transfers all remaining rights and obligations to a new tenant.

• A sublease does not terminate the original lease and is generally valid unless prohibited by the lease or law.

The common law rule on landlord's responsibilities for tenant security deposits is:

The landlord is a debtor to the tenant for the security deposit but is free to use the funds.

​A tenant is not released from liability under either a sublease or an assignment.

True

• Under both subleases and assignments, the original tenant remains liable to the landlord unless the landlord explicitly releases them.

• In a sublease, the subtenant pays the original tenant, who remains responsible to the landlord.

• In an assignment, the assignee pays the landlord directly, but the original tenant is still secondarily liable unless released by the landlord.

​Landlords are permitted to evict tenants for criminal activity.

True

​Generally the warranty of habitability would apply to items such as broken door buzzers.

False

​Prepaid rent may or may not be included in the definition of a security deposit.

True

​Which of the following is not a solution for a tenant with uninhabitable premises?

​Criminal action against landlord

Geraldine Waters rented an apartment at the Bedford Arms complex for a rent of $1,000 per month.  Geraldine was require to pay a $1,000 security deposit when she moved into her apartment.  Geraldine's lease was to run for six months, from January 1, 2021 through June 30, 2021.  On March 31, 2021, Geraldine notified the landlord that she is leaving her apartment. Geraldine’s landlord:

Can keep the $1,000 security deposit as damages.

Must return the $1,000 because Geraldine has not breached her lease agreement.

Has no remedy because Geraldine has not breached her lease.

If leased premises violate the building code, what is the effect on the lease agreement?

The lease agreement is void

​Which of the following best summarizes a landlord’s duty with regard to mold in leased premises?

​Landlords generally must follow statutory disclosure requirements on detecting and reporting mold.