LAWS 205 - 'co-ownership'-'survivorship'.

Front

What does the right of survivourship entail?

Back

The right of survivorship means that upon the death of a joint tenant, his/her interest within the property is transferred over to the surviving joint tenants, who subsequently have their interest expanded.

Front

What happens when there is only one surviving joint tenant, after the rest have met their demise?

Back

The surviving joint tenant posseses sole ownership of the land, due to the right of survivorship.

Front

Discuss some of the situations in which the right of surviourship may hinder the joint tenants.

Back

In the case where one joint tenant has heirs, he/she may want to leave their interest in the property, in a will to his/her heirs, however, due to the right of survivourship, a joint tenant cannot do this, and upon death, their interest is transfered over to the surviving co-owners.

Front

How can a joint tenant not have the right of surviorship apply to them?

Back

A joint tenant can sever their interest during the course of their life, and transform the joint tenancy into a tenancy in common, which will make it so that upon their death, their interest is not transferred over to the surving joint tenants.

Front

Why can't the unity of time be destroyed, even upon determination of the joint tenancy?

Back

Because the title is vested at the same time.

Front

What is another way to avoid the right of survivourship?

Back

By determining the joint tenancy, the co-owners can destroy the co-ownership, thereby avoiding the right of survivorship.

Front

If a joint tenant wants to determine the joint tenancy, how can partitioning the land achive this?

Back

Partition equally divides the land into diffrent sections of the property for each co-owner, and determines the joint tenancy.

Front

If a co-owner wants to avoid survivorship without ending the joint tenancy as a whole, how can they achive this?

Back

By severing or destroying the unity of interest or unity of title, a co-owner can avoid survivorship without ending the joint tenancy as a whole.