Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Concurrent Ownership

    If X dies, his devisees or heirs receive his interest.
    Lease Although unities of interest and possession are destroyed once a lease is granted to an outside party, some courts hold that a joint tenancy is not severed by a joint tenant’s execution of a lease. There is disagreement over this issue.
    Mortgage There is disagreement over whether the granting of a mortgage by a joint tenant destroys the joint tenancy. It depends on the theory of mortgages to which the jurisdiction adheres. Lien Theory (Majority Rule) This principle views a mortgage as a lien to secure payment and, therefore, does not consider the execution of a mortgage as a transfer of title to the mortgagee. According to this majority rule, a mortgage does not sever a joint tenancy. Title Theory This principle views the execution of a mortgage as a transfer of title from the mortgagor to the mortgagee. According to this minority rule, a mortgage does sever a joint tenancy.
    Mutual Agreement A joint tenancy may be terminated by mutual agreement of the owners, express or implied.

    e. Judicial Sale A creditor of a joint tenant can levy execution during the lifetime of the debtor and terminate the joint tenancy. If the debtor joint tenant dies before the creditor is able to secure a judicial sale, the surviving joint tenant is entitled to the property free from the claims of the creditor. Tenancy in Common Tenants in common have separate but undivided interests in the property.
    No right of survivorship exists in a tenancy in common. A deceased tenant’s interest will pass to his heirs or devisees.

    Create New Group

      Casebriefs is concerned with your security, please complete the following