Cotenancy

Two friends, a man and a woman, owned a large tract of land in fee simple as joint tenants with the right of survivorship. The man, without informing the woman, conveyed his interest to his wife who reconveyed it back to him. After the man's death, his will attempted to pass his interest to his wife. Who should prevail in the action brought by the woman claiming sole ownership?

• The wife, because the man and the woman were tenants in common at the time of the man's death.
• The wife, because the man's will severed the joint tenancy.
• The woman, because the joint tenancy was reestablished by the wife's reconveyance to the man.
• The woman, because the man breached his fiduciary duty as her joint tenant.
• Text for option 5 (optional)

Answer explanation

The man's conveyance to his wife severed the joint tenancy, making them tenants in common. Thus, at the man's death, they were tenants in common, and his interest legally passed according to his will.

A mother owned a two-family apartment house on a small city lot not suitable for partition-in-kind. Upon the mother's death, her will devised Blackacre to 'my son and daughter.' A week ago, a creditor obtained a money judgment against the son and properly filed the judgment in the county where Blackacre is located. The son needed cash, but the daughter did not wish to sell Blackacre. The son commenced a partition action against the daughter and the creditor. Assume that the court properly ordered a partition by judicial sale. After the sale, the creditor's judgment will be a lien on:

• All of Blackacre.
• Only a one-half interest in Blackacre.
• All of the proceeds of a sale of Blackacre.
• Only the portion of the proceeds of sale due to the brother.

Answer explanation

After the judicial sale, the creditor's judgment will be a lien only on the portion of the proceeds from the sale of Blackacre that are due to the son, as the creditor's lien is against the son's interest only.

By warranty deed, a woman conveyed Blackacre to her friend and her neighbor 'as joint tenants with right of survivorship.' The friend and neighbor are not related. The friend conveyed all her interest to her boyfriend by warranty deed and subsequently died intestate. Thereafter, the neighbor conveyed to his girlfriend by warranty deed. There is no applicable statute, and the jurisdiction recognizes the common law joint tenancy. Title to Blackacre is in:

• The girlfriend.
• The woman.
• The girlfriend and the boyfriend.
• The girlfriend and the heirs of the friend.

Answer explanation

The facts state that the property was held by the friend and neighbor in joint tenancy. Where one joint tenant makes an inter vivos conveyance of their interest in a property, a severance of the joint tenancy occurs and the interest transferred is that of a tenant in common. As soon as the friend made an inter vivos conveyance to her boyfriend, the joint tenancy was severed, and he and the neighbor became tenants in common. As such, the neighbor's conveyance to his girlfriend was likewise a transfer of an interest as a tenant in common. Therefore, the girlfriend and boyfriend hold title as tenants in common.

After inheriting Blackacre as tenants in common, a brother and sister dispute arises. The brother has been occupying and managing the property, paying taxes, and maintaining it without contribution from the sister. The court is to decide on a partition action brought by the sister. What should the court decide?

• Deny partition and find that title has vested in the brother by adverse possession.
• Deny partition, confirm the tenancy in common, but require an accounting for rental payments and expenses.
• Grant partition and require an accounting for rental payments and expenses.
• Grant partition to the sister and brother as equal owners, without any accounting.

Answer explanation

The court should grant a partition by sale and require an accounting to address the contributions made by the brother and ensure equitable distribution of proceeds.

After a father's death, who owns the land if he and his daughter were joint tenants, and he left a will devising his interest to his best friend?

• No, the best friend owns the land due to the father's will.
• No, the father's undivided ownership interest transferred to the daughter at his death.
• Yes, due to the doctrine of after-acquired title, or estoppel by deed.
• Yes, the devise to the friend did not sever the joint tenancy and the daughter owns the land.

Answer explanation

The joint tenancy's right of survivorship means that upon the father's death, his interest immediately passed to the daughter.

A man, his sister, and his cousin, tenants in common, owned a house. The man rented the house without the knowledge of the sister and the cousin. What is the likely decision regarding the validity of the lease?

• The lease is void, and the tenant is evicted.
• The lease is valid, and the tenant retains exclusive occupancy rights for the balance of the term.
• The lease is valid, but the tenant is evicted because one-third of the lease term has expired and the man had only a one-third interest to transfer.
• The lease is valid, and the tenant is not evicted but must share possession with the sister and the cousin.

Answer explanation

The lease is valid as the man could lease his undivided interest as a tenant in common. However, the tenant must share possession with the sister and the cousin.