Podcast
Questions and Answers
What is it called when a single party owns the fee or life estate?
What is it called when a single party owns the fee or life estate?
tenancy in severalty
Co-owners are also called?
Co-owners are also called?
co-tenants
What are the three main forms of co-ownership?
What are the three main forms of co-ownership?
- Tenants in Common
- Joint Tenancy
- Tenancy by the Entireties
- All of the above (correct)
What are the defining characteristics of tenancy in common?
What are the defining characteristics of tenancy in common?
What do tenants in common determine among themselves?
What do tenants in common determine among themselves?
What happens to a deceased co-tenant's estate?
What happens to a deceased co-tenant's estate?
It is necessary for tenants in common to acquire their interests at the same time.
It is necessary for tenants in common to acquire their interests at the same time.
What can a co-owner request if no co-owners will buy their interest?
What can a co-owner request if no co-owners will buy their interest?
In a ________________, two or more persons collectively own a property as if they were a single person.
In a ________________, two or more persons collectively own a property as if they were a single person.
How may joint tenants convey their interests to outside parties?
How may joint tenants convey their interests to outside parties?
What are the defining characteristics of joint tenancy?
What are the defining characteristics of joint tenancy?
In most states, joint tenants enjoy _________________.
In most states, joint tenants enjoy _________________.
When only one joint tenant survives, the survivor's interest becomes an ___________________, and the joint tenancy is terminated.
When only one joint tenant survives, the survivor's interest becomes an ___________________, and the joint tenancy is terminated.
What presents an advantage to tenancy in common compared to joint tenancy?
What presents an advantage to tenancy in common compared to joint tenancy?
What are the four unities of joint tenancy?
What are the four unities of joint tenancy?
What happens if the conveyance does not name the parties as joint tenants with rights of survivorship?
What happens if the conveyance does not name the parties as joint tenants with rights of survivorship?
Joint tenancy may not be created by operation of law.
Joint tenancy may not be created by operation of law.
When is a joint tenancy terminated?
When is a joint tenancy terminated?
A _______________ suit is a legal avenue for an owner who wants to dispose of his or her interest against the wishes of other co-owners.
A _______________ suit is a legal avenue for an owner who wants to dispose of his or her interest against the wishes of other co-owners.
Who decides how title to real estate will be held?
Who decides how title to real estate will be held?
Tenancy by the entireties is a form of ownership reserved exclusively for?
Tenancy by the entireties is a form of ownership reserved exclusively for?
What is a feature of tenancy by the entireties?
What is a feature of tenancy by the entireties?
Can a married couple take title any other way than tenancy by the entireties?
Can a married couple take title any other way than tenancy by the entireties?
Tenancy by entireties terminates when there is:
Tenancy by entireties terminates when there is:
What does community property law distinguish?
What does community property law distinguish?
What does separate property consist of?
What does separate property consist of?
Community property consists of?
Community property consists of?
A spouse may gain an equitable interest in separate property if?
A spouse may gain an equitable interest in separate property if?
What is the form of ownership held by business partners as per the UPA?
What is the form of ownership held by business partners as per the UPA?
How can partners modify rules under the UPA?
How can partners modify rules under the UPA?
Upon a partner's death, their right in specific partnership property vests in the?
Upon a partner's death, their right in specific partnership property vests in the?
What are advantages of estate in trust ownership?
What are advantages of estate in trust ownership?
In an estate in trust, who is referred to as the fee owner?
In an estate in trust, who is referred to as the fee owner?
Who manages the estate in a trust?
Who manages the estate in a trust?
What is the benefactor of the estate called in an estate in trust?
What is the benefactor of the estate called in an estate in trust?
An estate in trust must be created in one of three ways:
An estate in trust must be created in one of three ways:
What types of trusts may involve personal property?
What types of trusts may involve personal property?
What is a distinct characteristic of a living trust?
What is a distinct characteristic of a living trust?
When does a testamentary trust take effect?
When does a testamentary trust take effect?
What establishes the testamentary trust?
What establishes the testamentary trust?
Are testamentary trusts revocable or changeable?
Are testamentary trusts revocable or changeable?
When do testamentary trusts have a definite beginning and ending date?
When do testamentary trusts have a definite beginning and ending date?
What does the land trust apply to?
What does the land trust apply to?
What is a defining characteristic of a land trust?
What is a defining characteristic of a land trust?
In a land trust, who controls the property?
In a land trust, who controls the property?
Are there records of the beneficiary in a land trust?
Are there records of the beneficiary in a land trust?
What is the term of a land trust?
What is the term of a land trust?
The beneficiary's interest in a land trust is considered:
The beneficiary's interest in a land trust is considered:
What are the primary differences between tenancy by the entireties and joint tenancy?
What are the primary differences between tenancy by the entireties and joint tenancy?
Describe the main features of the concept of community property.
Describe the main features of the concept of community property.
What are some apparent advantages of a land trust as a way of owning property?
What are some apparent advantages of a land trust as a way of owning property?
What is the unique aspect of a condominium?
What is the unique aspect of a condominium?
Common elements in a condominium include?
Common elements in a condominium include?
Unit owners in a condominium hold exclusive interest in their apartments, and co-own common elements as:
Unit owners in a condominium hold exclusive interest in their apartments, and co-own common elements as:
What documents are required to create condominium properties?
What documents are required to create condominium properties?
What may the condominium declaration include?
What may the condominium declaration include?
What do condominium declarations provide for?
What do condominium declarations provide for?
What are condominium unit owners' assessments based on?
What are condominium unit owners' assessments based on?
In a cooperative, one owns shares in a?
In a cooperative, one owns shares in a?
What is a primary distinction between co-ops and condominiums?
What is a primary distinction between co-ops and condominiums?
In a co-op, the unit owner's interest is considered?
In a co-op, the unit owner's interest is considered?
Why is it called a proprietary lease in a co-op?
Why is it called a proprietary lease in a co-op?
What can happen if individual shareholders do not pay monthly assessments in a co-op?
What can happen if individual shareholders do not pay monthly assessments in a co-op?
How is the co-op interest transferred?
How is the co-op interest transferred?
Deeded time-share ownership is considered?
Deeded time-share ownership is considered?
What is considered personal property in time-shares?
What is considered personal property in time-shares?
When is a time-share lease valid?
When is a time-share lease valid?
In a freehold time-share, tenants are considered:
In a freehold time-share, tenants are considered:
What is the purpose of a partition suit?
What is the purpose of a partition suit?
Who controls the property held in a land trust?
Who controls the property held in a land trust?
Who holds legal title when an estate is held in a trust?
Who holds legal title when an estate is held in a trust?
What happens to a tenant's interest in the estate when a joint tenant dies?
What happens to a tenant's interest in the estate when a joint tenant dies?
How are condominium owners' assessments for maintenance determined?
How are condominium owners' assessments for maintenance determined?
What party holds title to real estate placed in a living trust?
What party holds title to real estate placed in a living trust?
What can a condominium owner do without hindrance from other unit owners?
What can a condominium owner do without hindrance from other unit owners?
What type of lease does a cooperative stockholder have?
What type of lease does a cooperative stockholder have?
Who creates the cooperative association that buys cooperative property?
Who creates the cooperative association that buys cooperative property?
Flashcards
Tenancy in Severalty
Tenancy in Severalty
A single person or entity owns the land.
Co-tenants
Co-tenants
Two or more people/entities owning land together.
Tenancy in Common
Tenancy in Common
Co-ownership where each owner has undivided interest, and shares pass through probate.
Four Unities (Joint Tenancy)
Four Unities (Joint Tenancy)
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Joint Tenancy
Joint Tenancy
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Right of Survivorship
Right of Survivorship
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Tenancy by the Entireties
Tenancy by the Entireties
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Community Property
Community Property
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Separate Property
Separate Property
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Land Trust
Land Trust
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Condominium
Condominium
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Cooperative (Co-op)
Cooperative (Co-op)
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Time-Share Ownership
Time-Share Ownership
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Partition Suit
Partition Suit
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Indivisible Interest
Indivisible Interest
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Study Notes
Sole Ownership and Co-Ownership
- Tenancy in severalty occurs when a single party owns the fee or life estate.
- Co-tenants refer to multiple individuals or legal entities owning an estate in land.
- Three forms of co-ownership include Tenants in Common, Joint Tenancy, and Tenancy By the Entireties.
Tenancy in Common
- Allows any number of owners, sharing indivisible interest.
- Co-tenants possess identical rights but cannot claim exclusive ownership of any property portion.
- Interests can be sold or transferred independently without consent from other co-tenants.
- Shares of the estate can be elected among co-tenants.
- When a co-tenant dies, their estate passes through probate to heirs instead of to other co-tenants.
Joint Tenancy
- Joint tenancy features indivisible ownership among co-owners and requires four unities: time, title, interest, and possession.
- Joint tenants own equal shares; if one dies, rights pass to surviving joint tenants (rights of survivorship).
- A joint tenancy can terminate if any unity is broken, including any sale or foreclosure.
- Joint tenants may convey interests only as tenancies in common.
Tenancy by the Entireties
- Exclusively for married couples, allowing them to hold property together.
- Title automatically passes to the surviving spouse upon death.
- Fractional interests cannot be individually transferred, and property cannot be foreclosed for individual debts.
Community Property
- Divides property into separate and community property categories.
- Separate property includes assets owned prior to marriage, inheritances, and gifts, while community property encompasses all property acquired during marriage.
- Spouses retain ownership of community property during marriage, and half is preserved for the surviving spouse.
Land Trust
- Applies only to real property, allowing individuals to name themselves as beneficiaries.
- Beneficiaries control property, including occupancy and any generated income.
- The trust must be regularly renewed or the property sold.
Condominium Ownership
- Includes exclusive interest in individual units and co-ownership of common elements as tenants in common.
- Created through condominium declaration and master deed, outlining property and ownership details.
- Owners pay monthly assessments for property maintenance based on their unit's value share.
Cooperative (Co-op) Ownership
- Ownership is represented by shares in a non-profit corporation, with no individual unit ownership.
- Proprietary leases allow co-op unit owners to live in their respective units but are dependent on corporate governance.
- Individual shareholders' failure to pay can jeopardize the entire co-op's financial stability.
Time-Share Ownership
- Deeded time-share ownership is considered real property, while vacation interval options are classified as personal property.
- Freehold time-share ownership makes tenants in common, holding undivided interests.
Partition Suit
- A legal action that facilitates the division of property without unanimous consent from all owners.
- Available for co-owners who wish to separate their interests in the property.
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