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Published byLilian Griffin Modified over 9 years ago
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Simultaneous Ownership Tenancy in Common Joint Tenancy Tenancy by the Entireties Community Property
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Unities Time - all took at the same time. Title - all took by the same instrument. Interest - each took an identical share Possession - each had an undivided and equal right to possess the whole. Person - treated as one person (married).
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Tenancy in Common X to Y & Z as tenants in common –unities –estate of inheritance –creditors –sale / gift X & Y (T / C), Y to Z, X & Z (T / C)
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Joint Tenants w/Right of Survivorship X to Y & Z (JTROS) unities not an estate of inheritance partition / severance creditors divorce bank accounts
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Mom’s Estate Acct’s & CDs (JTROS/X)$250,000 Condominium 150,000 Taxes and expenses (31,000) Will says taxes and expenses from residuary then equal shares Y $ 0 39,667 $ 39,667 v. $123,000 X $250,000 39,666 $289,666 v. $123,000 Z $ 0 39,667 $ 39,667 v. $123,000
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Tenancy by the Entireties X to H & W as tenants by the entireties –unities –presumption v. practice –creditors –partition / severance –divorce
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Community Property Spanish civil law v. English common law efforts of either spouse belong to the community separate property increase in value of separate property mobility
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Marital Property Definition –Excluded by valid agreement Equitable division Alimony Child support
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Pre-nuptial Agreements Necessity of counsel Full and fair disclosure Reasonable provision for dependent spouse Modification of Divorce Code Modification of PEF Code –elective share; dower and curtesy Sunset
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