Real Property Co-Tenancies Overview

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What is the default co-tenancy in Florida?

Tenancy by the entirety

Tenancy in common (correct)

Joint tenancy

Sole ownership

If one co-tenant is in possession of the real property, what is presumed?

The other co-tenants have no rights to the property

The co-tenant has sole ownership of the property

The co-tenant is holding the property for the benefit of all co-tenants (correct)

The co-tenant is holding the property solely for their own benefit

What obligation do co-tenants have regarding the costs of the real property?

Only the co-tenant who originally purchased the property is responsible for costs

Co-tenants can choose to pay costs or not

All co-tenants must pay their pro-rata share of costs (correct)

Only the co-tenant in possession is responsible for all costs

What type of co-tenancy is created when a tenancy by the entirety ends due to divorce?

Tenancy in common Signup and view all the answers

In a tenancy in common, what does each tenant's ownership interest extend to?

An undivided interest in the estate, not the whole Signup and view all the answers

What right do tenants in common NOT have?

Right of survivorship Signup and view all the answers

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 Signup and view all the answers

What action is required for a possessing co-tenant to establish true adversity against the other co-tenants?

Communicating the adversity in some manner Signup and view all the answers

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 Signup and view all the answers

How can a divorce decree affect the rules regarding co-tenancy?

It can establish specific occupancy and maintenance obligations Signup and view all the answers

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

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

What happens when a co-tenant conveys their interest in the property?

Only the co-tenant's partial ownership interest is conveyed Signup and view all the answers

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 Signup and view all the answers

How can the right to partition be waived in a co-tenancy?

Expressly or by implied action Signup and view all the answers

What is the legal venue for a partition proceeding in Florida?

The county where the property is located Signup and view all the answers

Can a co-tenant's interest be attached by creditors?

Yes Signup and view all the answers

In Florida, how can survivorship rights in a joint tenancy be created?

By expressing clear intent in the conveyance document. Signup and view all the answers

Which of the following is NOT one of the four unities required for a joint tenancy with right of survivorship at common law?

Conveyance Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What happens to the interest of a deceased tenant in a joint tenancy?

It is taken over by the surviving joint tenant. Signup and view all the answers

Which statement about survivorship rights in Florida is accurate?

Express language in the conveyance document is not necessary for survivorship rights. Signup and view all the answers

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. Signup and view all the answers

Which unity is necessary for creating a joint tenancy with right of survivorship under common law?

'Time' unity Signup and view all the answers

In Florida, what is required to create a tenancy by the entirety?

'Four unities' must exist at creation Signup and view all the answers

'Alienability' in the context of joint tenancy refers to:

'Voluntary transfer' of interest Signup and view all the answers

'Severability' in relation to joint tenancy means:

'Division' into separate interests Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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'. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What is the rule regarding partition of property held in a tenancy by the entireties?

Partition is not allowed under any circumstances. Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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" Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the most typical example of a non-freehold estate?

A lease Signup and view all the answers

What is an incorporeal hereditament?

A right associated with real property but not the physical property itself Signup and view all the answers

How can the fee title be divided?

Horizontally and vertically Signup and view all the answers

Which of the following is an example of a defeasible fee?

Fee simple determinable Signup and view all the answers

What is an easement considered as?

An incorporeal hereditament Signup and view all the answers

Which type of estate typically involves future interests in other parties?

Both freehold and non-freehold estates Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What happens when conveyance language is ambiguous in creating an estate?

Grantors inadvertently create covenants instead of conditions subsequent, resulting in fewer remedies. Signup and view all the answers

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. Signup and view all the answers

When might a grantor retain a power of termination in an estate?

After conveying a fee simple subject to a condition subsequent. Signup and view all the answers

How does alienability differ among various types of estates described?

'Fee simple estates are alienable, but life estates and future interests are not.' Signup and view all the answers

What type of severance is the subdivision of property into Lots A and B, or on the basis of acreage?

Vertical severance Signup and view all the answers

What type of estate is the 'fee simple' estate in real property?

The highest quality freehold estate Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

'To A for life, then B, but if A stops growing corn, then to C.' What type of interest does B have?

'Contingent' Interest Signup and view all the answers

'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.' Signup and view all the answers

'To A for life, then to B.' In this scenario, what type of remainder does B have?

'Indefeasibly Vested' Remainder Signup and view all the answers

'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' Signup and view all the answers

What is a freehold estate in real property?

An estate conveyed for a potentially unlimited duration or for life Signup and view all the answers

Which of the following is NOT an example of a freehold estate?

Leasehold estate Signup and view all the answers

What is an incorporeal hereditament?

A right associated with real property but not the physical property itself Signup and view all the answers

How can the fee title to real property be divided?

Both vertically and horizontally Signup and view all the answers

Which of the following statements about defeasible fees is true?

They involve future interests in other parties Signup and view all the answers

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 Signup and view all the answers

What type of estate is a fee simple estate?

Possessory estate Signup and view all the answers

In which scenario does a fee simple determinable estate terminate?

Automatically upon the occurrence of a specified event Signup and view all the answers

What type of interest does a grantor retain in a fee simple determinable estate?

Right of reverter Signup and view all the answers

What language in a grant indicates a fee simple determinable estate?

"Until", "while", or "so long as" Signup and view all the answers

How can a fee simple subject to a condition subsequent be terminated?

By the grantor upon the occurrence of a specified event Signup and view all the answers

Which entity has the power of termination in a fee simple subject to a condition subsequent?

Grantor Signup and view all the answers

What happens if the possibility of reverter in a fee simple determinable estate is not exercised within how many years?

21 years Signup and view all the answers

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 Signup and view all the answers

How does Florida Statute Section 689.10 impact conveyance language for creating a fee simple estate?

It provides statutory requirements for valid conveyance language Signup and view all the answers

'To A for life, then to B.' In this scenario, what type of remainder does B have?

B has an indefeasibly vested remainder interest. Signup and view all the answers

In a conveyance 'To A for life, then to B,' what type of remainder does B have?

Indefeasibly vested remainder Signup and view all the answers

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 Signup and view all the answers

When does a class gift subject to open (class gifts) close?

When at least one class member is qualified to take possession Signup and view all the answers

'To A for life, then to the heirs of B.' Why is the remainder considered contingent?

The remainder is subject to a condition precedent Signup and view all the answers

'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 Signup and view all the answers

'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 Signup and view all the answers

'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 Signup and view all the answers

Real Property Co-Tenancies Overview

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Questions and Answers

What is the default co-tenancy in Florida?

If one co-tenant is in possession of the real property, what is presumed?

What obligation do co-tenants have regarding the costs of the real property?

What type of co-tenancy is created when a tenancy by the entirety ends due to divorce?

In a tenancy in common, what does each tenant's ownership interest extend to?

What right do tenants in common NOT have?

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?

What action is required for a possessing co-tenant to establish true adversity against the other co-tenants?

If a non-occupying co-tenant seeks compensation for maintenance or improvement costs, what are they entitled to?

How can a divorce decree affect the rules regarding co-tenancy?

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

What happens when a co-tenant conveys their interest in the property?

Under what circumstance can a court order the sale of a co-tenancy property as a whole?

How can the right to partition be waived in a co-tenancy?

What is the legal venue for a partition proceeding in Florida?

Can a co-tenant's interest be attached by creditors?

In Florida, how can survivorship rights in a joint tenancy be created?

Which of the following is NOT one of the four unities required for a joint tenancy with right of survivorship at common law?

How can a joint tenant unilaterally convert a joint tenancy to a tenancy in common?

When a joint tenant's interest is subject to levy and sale pursuant to a judgment, the joint tenancy may be severed involuntarily by:

What happens to the interest of a deceased tenant in a joint tenancy?

Which statement about survivorship rights in Florida is accurate?

What effect does an involuntary execution sale of a judgment debtor's interest have on a joint tenancy?

Which unity is necessary for creating a joint tenancy with right of survivorship under common law?

In Florida, what is required to create a tenancy by the entirety?

'Alienability' in the context of joint tenancy refers to:

'Severability' in relation to joint tenancy means:

According to the common law theory, what does it mean that husband and wife are 'one person'?

What was required to create a tenancy by the entireties under common law?

How did Florida's statutory law change the requirements for creating a tenancy by the entireties?

What happens if a conveyance is made to an unmarried couple?

Under Florida's 1968 Constitution, what change was made regarding gratuitous transfers of homestead property to create a tenancy by the entireties?

What happens to the property upon the death of one spouse in a tenancy by the entireties?

How is the creation of a tenancy by the entireties indicated in the conveyance document?

Can one spouse individually convey or encumber property held in a tenancy by the entireties?

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?

What is the rule regarding partition of property held in a tenancy by the entireties?

When can a deed or mortgage of homestead realty owned by a married couple be executed by one spouse through a power of attorney?

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?

Can a judgment against one spouse be enforced against property owned by the entireties?

How does an IRS tax lien against one spouse affect entireties property?

What did the United States Supreme Court hold in Obergefell v. Hodges regarding same-sex marriage?

Prior to the Obergefell v. Hodges decision, what was the status of same-sex marriages in Florida?

What should same-sex couples in Florida do to ensure their property transfers are treated as entireties property after the Obergefell decision?

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?

If a judgment is entered against both a husband and wife, what happens to non-homestead property held by the entirety?

What is the most typical example of a non-freehold estate?

What is an incorporeal hereditament?

How can the fee title be divided?

Which of the following is an example of a defeasible fee?

What is an easement considered as?

Which type of estate typically involves future interests in other parties?

What distinguishes a reversion from a possibility of reverter?

In what situation might a grantor have a reversion subject to an executory limitation?

What distinguishes a fee simple subject to an executory limitation from a fee simple determinable?

How does a life estate differ from a fee simple estate?

Under what circumstances might a grantor create a shifting executory interest?

What differentiates a fee simple determinable from a condition subsequent?

What happens when conveyance language is ambiguous in creating an estate?

What distinguishes a future interest from a present possessory interest?

When might a grantor retain a power of termination in an estate?

How does alienability differ among various types of estates described?

What type of severance is the subdivision of property into Lots A and B, or on the basis of acreage?

What type of estate is the 'fee simple' estate in real property?

What is the key difference between a fee simple determinable estate and a fee simple subject to a condition subsequent?

What is the purpose of the conveyance language 'until', 'while', or 'so long as' in a fee simple determinable estate?

What is the purpose of the 21-year statutory limitation on the possibility of reverter or power of termination in defeasible fee estates?

Which of the following statements about the fee simple estate is correct?

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?

What kind of interest may be destroyed by an event occurring after the vesting of the interest but before it becomes possessory?

When does a class close as per the Rule of Convenience in relation to a class gift?

In a conveyance 'To A for life, then to the heirs of B,' the remainder is considered contingent because:

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?

'To A for life, then B, but if A stops growing corn, then to C.' What type of interest does B have?

'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?

'To A for life, then to B.' In this scenario, what type of remainder does B have?