Concurrent Interests

Harms v. Sprague

A joint tenancy is not severed when one joint tenant executes a mortgage on his interest in the property since the unity of title has been preserved

O conveys Blackacre, "to A, B, and C as joint tenants." Subsequently, A conveys his interest to D. Then B dies intestate, leaving H as his heir. What is the state of title? What if B had died leaving a will devising his interest to H?

B and C still JTs after that, right of survivorship; In the end: D- 1/3 C- 2/3 (from B's death/ROS)

Creditors and JTs?

Creditors can't act after a tenants death because their interest in the property is extinguished; can attach property inter vivos and sever the joint tenancy though

A and B are planning to be married. Two weeks before the ceremony, they buy a house and take title "in A and B as tenants by the entirety." Several years after the marriage, A moves out of the house and conveys his interest in the house to his brother, C. C brings an action to partition the property. What's the result?

House was purchased 2 weeks before the wedding—not TBE even though they used the words, weren't married at the time; best guess—JT, some states may say default to TIC since didn't use the language of conveying a JT

Difference between unity of interest and possession?

How much you get if the property is sold (interest) v access to the whole property (possession)

Which type of concurrent ownership avoids probate?

JT-- no interest passes to beneficiaries; avoids costs of probate court/lawyers and the time spent in probate courts

per my et per tout

JT; by the share or moiety and by the whole

Riddle v Harmon

One JT successfully severed a JT by conveying her interest to herself; would just use a strawman otherwise so why not let her do so

Presumption today

TIC

When are actions of partition allowed?

TIC or JT, but not TBE

Modern trend?

away from all 4 requirements of JT

English common law presumption

joint tenancy

per tout et non per my

no moieties; both seized of the entirety

When to order a partition by sale

only when a partition in kind is impracticable or

Habendum Clause

the part that seeks to describe the title granted