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Co-Tenancies in Real Property

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Questions and Answers

If a co-tenant has exclusive possession of the property and claims ownership under a separate title instrument, and the other co-tenants are aware of this adversity, what is the consequence for the co-tenant in possession?

They are responsible for paying rent to the other co-tenants (correct)

They can evict the other co-tenants without any legal process

They automatically become the sole owner of the property

They are entitled to collect rent from the other co-tenants

What is required for true adversity to exist between co-tenants?

The possessing co-tenant must change the locks and ignore communication attempts

The non-possessing co-tenants must file a legal action against the possessing co-tenant

The possessing co-tenant must obtain a separate title instrument

The possessing co-tenant must communicate the adversity in some manner (correct)

If an occupying co-tenant makes a claim against non-occupying co-tenants for maintenance or improvement costs, what are the non-occupying co-tenants entitled to?

They are entitled to demand immediate eviction of the occupying co-tenant

They are entitled to an offset equal to the reasonable rental value of the occupying co-tenant's use (correct)

They are not entitled to any offset or compensation

They are entitled to demand immediate sale of the property

What can alter the rules regarding co-tenant occupancy, maintenance obligations, and rental offsets?

All of the above Signup and view all the answers

When does an occupying co-tenant's exclusive occupancy end, entitling the ex-spouse co-tenant to claim a rental offset, if the divorce decree is silent on the matter?

When the minor child reaches adulthood Signup and view all the answers

What happens to a co-tenant's interest in the property upon their death?

It will descend to their heirs or can be devised by will Signup and view all the answers

What type of concurrent estate is created when real property is owned by more than one person or entity?

Tenancy in common Signup and view all the answers

What is the defining characteristic of a tenancy in common?

The co-owners have no right of survivorship Signup and view all the answers

How is a tenancy in common created in Florida?

It is the default co-tenancy in Florida Signup and view all the answers

What is the presumption regarding possession of the real property in a tenancy in common?

One co-tenant in possession holds the property for the benefit of all co-tenants Signup and view all the answers

What is the obligation of co-tenants in a tenancy in common?

They must pay their pro-rata share of the costs of the real property Signup and view all the answers

What type of co-tenancy is created when a property held by former spouses following a divorce?