1. Concurrent Estates and Marital Estates

2. Types of Concurrent Estates
Joint tenancy with right of survivorship
Tenancy in common
Tenancy by the partnership

3. Joint Tenancies-The Four Unities Test
Unity of time
Unity of title
Unity of interest
Unity of possession

4. Joint Tenancies-Words to Create
Joint tenants
Joint tenants with right of survivorship
Joint tenants with right of survivorship and not as tenants in common

5. Critical Difference between Joint Tenancy and Tenancy in Common
The right of survivorship

6. Problems O conveys Blackacre to A and B, as joint tenants
O conveys Blackacre to A and B, as co-tenants
O conveys Blackacre to A and B
O conveys Blackacre to A, B and C as joint tenants with right of survivorship
A conveys to D
B later dies
State the title

7. Rights of Co-tenants Possession Accounting Partition Rents Repairs
May occupy rent free-Cummings v. Anderson
Presumption of equal ownership but rebutted by evidence of differing contributions-Cummings v. Anderson
Accounting
Partition
Rents
Must account for rents received from others
Repairs
Obligation of party in possession
Improvements
Taxes

8. Severance Conveyances Leases Mortgages Divorce Severs joint tenancy
Execution of contract to sell realty severs joint tenancy but contra authority
Leases
Lease severs joint tenancy
Lease does not sever joint tenancy
Lease severs joint tenancy only if leasing joint tenant dies during the term of the lease
Mortgages
Lien theory
Title theory
Divorce
Severs joint tenancy (disagreement)

9. Joint tenancy Bank Accounts
Gift theory
Contract theory

10. Marital Estates
Dower
1/3 of all real property for life of which husband seised during marriage in fee simple or fee tail capable of inheritance by issue of the marriage
Curtesy
Life estate in all legal and equitable estates in real property of
Statutory versions
Husbands and wives treated alike
Typically 1/3 but can be 1/2
Attaches to real and personal property

11. Tenancy by the Entirety
Four unities
Fifth unity
Rights of creditors
Rights to sever
Divorce severs
Effect of Married Women’s Property Acts

12. Community Property
California, Nevada, New Mexico, Arizona, Washington, Idaho, Texas and Louisiana
Wisconsin
Nature of
Separate vs. Community

13. Is Your Degree and Asset Subject to Equitable Division at Divorce

14. Property Rights of Co-habitants