100 Questions
What is the default co-tenancy in Florida?
Tenancy in common
If one co-tenant is in possession of the real property, what is presumed?
The co-tenant is holding the property for the benefit of all co-tenants
What obligation do co-tenants have regarding the costs of the real property?
All co-tenants must pay their pro-rata share of costs
What type of co-tenancy is created when a tenancy by the entirety ends due to divorce?
Tenancy in common
In a tenancy in common, what does each tenant's ownership interest extend to?
An undivided interest in the estate, not the whole
What right do tenants in common NOT have?
Right of survivorship
If a co-tenant has exclusive possession of the property and claims ownership under a separate title instrument, what are the other co-tenants entitled to receive?
Rent from the possessing co-tenant
What action is required for a possessing co-tenant to establish true adversity against the other co-tenants?
Communicating the adversity in some manner
If a non-occupying co-tenant seeks compensation for maintenance or improvement costs, what are they entitled to?
An offset equal to the reasonable rental value of the occupying co-tenant's use
How can a divorce decree affect the rules regarding co-tenancy?
It can establish specific occupancy and maintenance obligations
What happens to a co-tenant's interest upon their death?
It descends to their heirs or can be devised by will
What happens when a co-tenant conveys their interest in the property?
Only the co-tenant's partial ownership interest is conveyed
Under what circumstance can a court order the sale of a co-tenancy property as a whole?
If partition would result in a significant diminution in value
How can the right to partition be waived in a co-tenancy?
Expressly or by implied action
What is the legal venue for a partition proceeding in Florida?
The county where the property is located
Can a co-tenant's interest be attached by creditors?
Yes
In Florida, how can survivorship rights in a joint tenancy be created?
By expressing clear intent in the conveyance document.
Which of the following is NOT one of the four unities required for a joint tenancy with right of survivorship at common law?
Conveyance
How can a joint tenant unilaterally convert a joint tenancy to a tenancy in common?
By conveying their undivided interest to another joint tenant or to a third party.
When a joint tenant's interest is subject to levy and sale pursuant to a judgment, the joint tenancy may be severed involuntarily by:
An execution sale of the judgment debtor's interest.
What happens to the interest of a deceased tenant in a joint tenancy?
It is taken over by the surviving joint tenant.
Which statement about survivorship rights in Florida is accurate?
Express language in the conveyance document is not necessary for survivorship rights.
What effect does an involuntary execution sale of a judgment debtor's interest have on a joint tenancy?
It severs the joint tenancy and converts it to a tenancy in common.
Which unity is necessary for creating a joint tenancy with right of survivorship under common law?
'Time' unity
In Florida, what is required to create a tenancy by the entirety?
'Four unities' must exist at creation
'Alienability' in the context of joint tenancy refers to:
'Voluntary transfer' of interest
'Severability' in relation to joint tenancy means:
'Division' into separate interests
According to the common law theory, what does it mean that husband and wife are 'one person'?
Each spouse owns the whole property, rather than an undivided interest.
What was required to create a tenancy by the entireties under common law?
All unities of title (time, title, interest and possession) had to be met, plus the owners had to be legally married.
How did Florida's statutory law change the requirements for creating a tenancy by the entireties?
It allowed one spouse holding title to create the tenancy by conveying to the other spouse.
What happens if a conveyance is made to an unmarried couple?
A tenancy in common is created, which continues even if they later marry without a new conveyance.
Under Florida's 1968 Constitution, what change was made regarding gratuitous transfers of homestead property to create a tenancy by the entireties?
Such transfers were permitted even if there were rights of minor children affected.
What happens to the property upon the death of one spouse in a tenancy by the entireties?
The surviving spouse becomes the sole owner of the entire estate by operation of law.
How is the creation of a tenancy by the entireties indicated in the conveyance document?
The grantees must be specifically designated as 'husband and wife'.
Can one spouse individually convey or encumber property held in a tenancy by the entireties?
No, because both spouses are seized of the whole estate and not an undivided interest.
Which of the following is an exception to the rule that neither spouse can individually convey or encumber property held in a tenancy by the entireties?
Both A and C are exceptions.
What is the rule regarding partition of property held in a tenancy by the entireties?
Partition is not allowed under any circumstances.
When can a deed or mortgage of homestead realty owned by a married couple be executed by one spouse through a power of attorney?
If the power of attorney is executed in the same manner as a deed
What happens to the ownership of land held by a husband and wife as tenants by the entirety upon the entry of a final judgment dissolving their marriage?
The ownership vests in them as tenants in common, with each owning one-half
Can a judgment against one spouse be enforced against property owned by the entireties?
No, the judgment cannot be enforced against the property owned by the entireties
How does an IRS tax lien against one spouse affect entireties property?
The IRS tax lien attaches to the entireties property, and the whole property can be sold to collect a portion of the proceeds
What did the United States Supreme Court hold in Obergefell v. Hodges regarding same-sex marriage?
The Fourteenth Amendment requires a state to license and recognize same-sex marriages
Prior to the Obergefell v. Hodges decision, what was the status of same-sex marriages in Florida?
Same-sex marriages were neither recognized nor licensed in Florida
What should same-sex couples in Florida do to ensure their property transfers are treated as entireties property after the Obergefell decision?
They should consider a reconveyance to each other with the designation "a married couple"
In the case of Birchfield v. Armstrong, what did the district court require the Florida Surgeon General and State Registrars to do regarding death certificates for same-sex couples?
Issue new death certificates identifying the surviving same-sex spouse without a court order
If a judgment is entered against both a husband and wife, what happens to non-homestead property held by the entirety?
The judgment can be enforced against the entire non-homestead property
What is the most typical example of a non-freehold estate?
A lease
What is an incorporeal hereditament?
A right associated with real property but not the physical property itself
How can the fee title be divided?
Horizontally and vertically
Which of the following is an example of a defeasible fee?
Fee simple determinable
What is an easement considered as?
An incorporeal hereditament
Which type of estate typically involves future interests in other parties?
Both freehold and non-freehold estates
What distinguishes a reversion from a possibility of reverter?
A reversion occurs when a life estate or estate for years is transferred without the remaining future interest, while a possibility of reverter is retained by a grantor in a fee simple determinable conveyance.
In what situation might a grantor have a reversion subject to an executory limitation?
When the grantor conveys property to another for a specific duration, but after that period, it will go to a third party.
What distinguishes a fee simple subject to an executory limitation from a fee simple determinable?
In a fee simple subject to an executory limitation, the property goes to a third party upon the occurrence of an event, while in a fee simple determinable, it automatically reverts to the grantor.
How does a life estate differ from a fee simple estate?
A life estate does not allow for alienability, while a fee simple estate does.
Under what circumstances might a grantor create a shifting executory interest?
When the words used in conveying the property indicate that it will pass to a third party upon the occurrence of an event.
What differentiates a fee simple determinable from a condition subsequent?
A fee simple determinable automatically terminates upon the occurrence of an event, while with condition subsequent, the grantor must assert their right to terminate.
What happens when conveyance language is ambiguous in creating an estate?
Grantors inadvertently create covenants instead of conditions subsequent, resulting in fewer remedies.
What distinguishes a future interest from a present possessory interest?
A present possessory interest entitles immediate use and enjoyment, while a future interest may only commence later.
When might a grantor retain a power of termination in an estate?
After conveying a fee simple subject to a condition subsequent.
How does alienability differ among various types of estates described?
'Fee simple estates are alienable, but life estates and future interests are not.'
What type of severance is the subdivision of property into Lots A and B, or on the basis of acreage?
Vertical severance
What type of estate is the 'fee simple' estate in real property?
The highest quality freehold estate
What is the key difference between a fee simple determinable estate and a fee simple subject to a condition subsequent?
The determinable estate automatically terminates on the specified event, while the condition subsequent estate requires the grantor to take action to terminate it
What is the purpose of the conveyance language 'until', 'while', or 'so long as' in a fee simple determinable estate?
To specify the duration of the estate until the occurrence of a particular event
What is the purpose of the 21-year statutory limitation on the possibility of reverter or power of termination in defeasible fee estates?
To prevent perpetual restrictions on the alienability of real property
Which of the following statements about the fee simple estate is correct?
The fee simple estate is the highest quality freehold estate in real property, with sole power of ownership and control
Which type of interest is created when a property is granted to both a direct grantee and a named third party, and is not subject to a condition precedent for the third party to take possession?
Indefeasibly Vested Remainder
What kind of interest may be destroyed by an event occurring after the vesting of the interest but before it becomes possessory?
Vested Remainder Subject to Complete Divestment
When does a class close as per the Rule of Convenience in relation to a class gift?
When any class member is entitled to immediate possession
In a conveyance 'To A for life, then to the heirs of B,' the remainder is considered contingent because:
The heirs of B cannot be ascertained until B dies
What kind of future interest cuts short a prior estate created in the same conveyance and shifts the estate from one grantee to another upon the happening of a condition?
'Shifting' Executory Interest
'To A for life, then B, but if A stops growing corn, then to C.' What type of interest does B have?
'Contingent' Interest
'To A for life and then to the children of B and their heirs (if B already has at least one child).' What happens to future children born after the death of A?
'They cannot participate in the inheritance.'
'To A for life, then to B.' In this scenario, what type of remainder does B have?
'Indefeasibly Vested' Remainder
'To A for life, then C.' If C's interest can be taken away by an event occurring after vesting but before becoming possessory, what type of interest does C have?
'Contingent Remainder'
What is a freehold estate in real property?
An estate conveyed for a potentially unlimited duration or for life
Which of the following is NOT an example of a freehold estate?
Leasehold estate
What is an incorporeal hereditament?
A right associated with real property but not the physical property itself
How can the fee title to real property be divided?
Both vertically and horizontally
Which of the following statements about defeasible fees is true?
They involve future interests in other parties
What is the purpose of the language 'until', 'while', or 'so long as' in a fee simple determinable estate?
To create a condition for the estate to terminate
What type of estate is a fee simple estate?
Possessory estate
In which scenario does a fee simple determinable estate terminate?
Automatically upon the occurrence of a specified event
What type of interest does a grantor retain in a fee simple determinable estate?
Right of reverter
What language in a grant indicates a fee simple determinable estate?
"Until", "while", or "so long as"
How can a fee simple subject to a condition subsequent be terminated?
By the grantor upon the occurrence of a specified event
Which entity has the power of termination in a fee simple subject to a condition subsequent?
Grantor
What happens if the possibility of reverter in a fee simple determinable estate is not exercised within how many years?
21 years
What distinguishes a fee simple determinable estate from a fee simple subject to a condition subsequent?
The automatic termination upon an event vs. termination by grantor
How does Florida Statute Section 689.10 impact conveyance language for creating a fee simple estate?
It provides statutory requirements for valid conveyance language
'To A for life, then to B.' In this scenario, what type of remainder does B have?
B has an indefeasibly vested remainder interest.
In a conveyance 'To A for life, then to B,' what type of remainder does B have?
Indefeasibly vested remainder
What characterizes a vested remainder subject to complete divestment?
It may be destroyed by an event that could occur after the vesting of the interest
When does a class gift subject to open (class gifts) close?
When at least one class member is qualified to take possession
'To A for life, then to the heirs of B.' Why is the remainder considered contingent?
The remainder is subject to a condition precedent
'To A for life, then B, but if A stops growing corn, then to C.' What type of interest does B have?
Vested remainder subject to complete divestment
'To A for life, then C.' If C's interest can be taken away by an event occurring after vesting but before becoming possessory, what type of interest does C have?
Contingent remainder
'To A for life and then to the children of B and their heirs (if B already has at least one child).' What happens to future children born after the death of A?
They cannot participate in the class
Learn about the three basic classifications of concurrent estates in real property ownership: tenancies in common, joint tenancies, and tenancies by the entirety. Understand the key characteristics of each classification and how they impact co-ownership.
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