-All must have equal undivided shares and identical interests measures by duration -Possession -Each must have After a joint tenancy is a right to possession of the whole. created, however, one joint tenant can voluntarily give exclusive possession to the other joint tenant. (The unity of the possession is essential to a tenancy in common as well none of the other three unities is.) Tenancy in Joint Tenancy Tenancy by the Common (with right of Entireties (not (“TiC”) survivorship) recognized in all states) (“JT”) rt. of survivorship no yes--but can be yes--not easily defeated by defeated unilateral conveyance or partition severable by (already yes: creates no unilateral "severed") tenancy in conveyance (to common. defeat the right of survivorship) partitionable by yes yes no court without consent of other party requirements unity of possession four unities plus “four unities”: (undivided unity of grantees must be a common interests possession, time, lawfully married in same property) title and interest couple at the time (see p. 276) of the grant modern common divorce dissolves law’s remarks constructional constructional into T/I/C; asset preference preference distributable in presumption favors presumption divorce proceeding TiC favored JT Language used To A and B (as To A and B as To A and B to create today tenants in joint tenants (, husband and common) and not as wife) (as tenants in tenants by the common entireties)
-All must have equal undivided shares and identical interests measures by duration -Possession -Each must have a right to possession of the whole. After a joint tenancy is created, however, one joint tenant can voluntarily give exclusive possession to the other joint tenant. (The unity of the possession is essential to a tenancy in common as well none of the other three unities is.) Tenancy in Common (“TiC”) Joint Tenancy (with right of survivorship) (“JT”) Tenancy by the Entireties (not recognized in all states) rt. of survivorship no yes--but can be defeated by unilateral conveyance or partition yes--not easily defeated severable by unilateral conveyance (to defeat the right of survivorship) (already "severed") yes: creates tenancy in common. no partitionable by court without consent of other party yes yes no requirements unity of possession (undivided common interests in same property) “four unities”: unity of possession, time, title and interest (see p. 276) four unities plus grantees must be a lawfully married couple at the time of the grant remarks modern constructional preference presumption favors TiC common law’s constructional preference presumption favored JT divorce dissolves into T/I/C; asset distributable in divorce proceeding Language used to create today To A and B (as tenants in common) To A and B as joint tenants and not as tenants in common To A and B (, husband and wife) (as tenants by the entireties)
Property%20-%20Schwartz%20-%20Spring%202010.docx