Font size
WorksheetsReal Estate Part 4
Total questions: 92
Worksheet time: 46mins
Severalty
simplest form of ownership
several parties are need to sign the deed
easiest title to transfer
deed must be signed in court
Joint Tentancy
one single party
with right of survivorship
ownership by two or more people
no rights of survivorship
Right of survivorship
when one co-owner dies, that co-owner's share goes to the the heirs
supersedes passing of title by will and dower and curtesy rights
hiers must be established by remainder interest
when one co-owner dies, that co-owner's share goes to the surviving co-owner(s)
Right of survivorship
passes to the deceased tenant's heirs
supersedes passing of title by will
supersedes dower and curtesy rights
passes to the surviving joint tenants
Joint tenancy
deed must clearly show joint tenancy
assumed
transfers to heirs
expressly created
If the type of co-ownership being created is not indicated, the courts will
will assume a life estate
will assume joint tenancy
assume tenancy in common rather than joint tenancy
will assume a legal trust
New joint tenants
can be added later
cannot be added later
will become tenant in common
will die
Anne, Beth, and Joan are joint tenants. Joan sells her interest to Tiffany. Tiffany is now a
heir to the estate
Tenant in common
Joint tenant
Life tenant
Right of Partition AKA
Owner of severalty
Partition Suit
Unity of time
Suit to Partition
Right of partition: If one of the parties wants to end the tenancy, but the others disagree, that party can go to court and force it to be dissolved and the assets distributed to the various tenants.
True
False
What are the unities
Unity of Time
Unity of Title
Unity of Interest
Unity of Possession
What is the an easy way to remember the unities
TIP
TIPIC
TTIP
TIPP
The basic concept of joint tenancy
Unity of interest
Unity of ownership
Unity of time
Unity of possession
Unity of time
all tenants' ownership is created by the same document
all tenants own equal percentages in the property and have the same type of ownership estate.
All tenants have equal rights to access and possession in the property
ownership is acquired by all tenants at the same time
Unity of title
All tenant's ownership is created by the same document
All tenants have equal rights to access and possession in the property
Ownership is acquired by all tenants at the same time
All tenants own equal percentages in the property and have the same type of ownership estate
Unity of interest
Ownership is acquired by all tenants at the same time
All tenants' ownership is created by the same document
All tenants have equal rights to access and possession in the property
All tenants own equal percentages in the property and have the same type of ownership estates
All states require
Unities of interest
Unities of possession
Unities of time
Unities of title
Tenants in common
have a right to survivorship
have no right to survivorship
Joint Tenancy
has right to survivorship
has not right to survivorship
Tenants in common
hold a divided interest in a property
is only permitted to occupy a specific portion of the property
hold an undivided interest in a property
has right to survivorship
An undivided interest
ownership of a particular part of the property
divided interest in the estate
is a share of the entire property
property owned before the marriage
Can owners in a tenants in common exclude others?
Yes
No
Tenants in Common: Interest is
held by the entire party
holds unity of rights
holds unity of common law
held by each owner in severalty
All tenants in common have
Unity of Possession
Unity of Property Rights
Unity of Interest holder rights
Unity of Joint
Tenants in common have
no right to survivorship
right to survivorship
If the deed does not specify the percentage each tentants in common have, the court will assume
each tenant will have no share
each tenant will gain shares overtime
each tenant has equal share
each tenant has 50% share
Can tenants in common hold different percentages of ownership in the property?
Yes
No
Can tenants in common sell or mortgage their individual interest?
Yes but with consent of other tenants in common
Yes and no consent of other tenants in common are needed
No
If a tenant in common sells their property, what will the new owner become
2nd tenant in common
joint tenants
tenants by the entirety
tenant in common
If the deed does not specify the form of ownership under which the parties are taking title, the law assumes it is
tenancy by the entirety
unity in possession
joint tenancy
tenancy in common
What are some ways to end a tenancy in common or a joint tenancy co-ownership?
the operation of law may force the end of the co-ownership
the parties may voluntarily agree to end the co-ownership
one or more tenants may file a suit of partition, asking the court to end the tenancy
property acquired during the marriage is community property, and each spouse owns one-half
the operation of law may force the end of the co-ownership
Tenancy by the entire exists only between
boss and employee
courts and tentants
husband and wife
parent and child
Tenancy by entirety is
termination of co-ownership
a stand alone tenancy
a special form of joint tenancy
a special form of tenants in common
For tenancy by the entirety, there is
no right of survivorship
right of survivorship
How many unities does a tenancy by the entirety have
3
4
5
6
What is the additional unity for tenancy by the entirety
unity of property
unity of person
unity of possession
unity of rights
Unity of person refers to
the husband and the wife being considered one person
the husband and the wife in court
the husband and the wife being considered two separate entities
the husband and the wife having a joint tenant
For tenancy by the entirety, can one party's interest be sold without the other party's interest also being sold?
Yes
No
For tenancy by the entirety, a creditor's lien
cannot be levied against the property unless both parties are debtors of the creditor
can be levied against the property unless both parties are debtors of the creditor
What is community property?
shared unequally property
property owned by the community
acquired during the marriage
acquired by wife before the marriage
All tenants own equal percentage of the property
Unity of person
Unity of interest
Unity of possession
Unity of Time
All tenants acquired ownership at the same time.
Unity of Time
Unity of Title
Unity of Possession
Unity of Person
All tenants were listed on the same deed
Unity of Possession
Unity of Person
Unity of Interest
Unity of Title
All tenants have the right to occupy the property
Unity of person
Unity of Title
Unity of possession
Unity of interest
Right of survivorship means that the property passes to the deceased tenant's heirs.
True
False
All tenants in both a joint tenancy and a tenancy in common have the right of partition
True
False
The simplest form of ownership is severalty..
True
False
Tenants in common must be expressly stated.
True
False
Joint tenants must be expressly stated.
True
False
A tenant in common may see an ownership to someone else and not end the tenancy.
True
False
A tenancy by the entirety will be ended by the death of either spouse or be divorce.
True
False
In community property states, property acquired during the marriage belongs to both spouses.
True
False
Tenants hold an undivided interest with no right of survivorship
Joint tenancy
Community property
Tenants in common
Tenancy by the entirety
A joint tenancy between husband and wife.
Community property
Tenancy by the entirety
Severalty
Tenants in common
Property held before the marriage remains teh individual's property, whereas property acquired after the marriage is owned by both spouses.
Community property
Severalty
Right of survivorship
Right of partition
The simplest form of ownership
Right of Partition
Unity of Possession
Tenants in common
Severalty
The tenants have the right to ask the courts to force a dissolution of the tenancy
Severalty
Tenants in common
Community property
Right of partition
A form of ownership that includes four unities.
Right of partition
Joint tenancy
Community property
Tenancy by the entirety
When a joint tenant dies, that tenant's share goes to the remaining joint tenants.
Right of survivorship
Tenancy by the entirety
Right of partition
Right of Severalty
Which must be expressly created?
Tenancy of Entirety
Tenants
Joint tenancy
Tenants in common
Fill in the blanks: For ____, if it is not expressly created, the courts will assume _____.
Tenancy by Entirety
Joint Tenancy
Tenancy in common
Corporation
Who has the right of partition?
Joint tenants
You
Me
Him
What is a right of partition?
a legal action that forces the tenancy to be dissolved and the assets distributed to the various tenants
a legal action for all tenants to part ways without buying each other out
a written document promising repayment of funds
Who has four unities
Joint Tenancy
Tenancy in Common
Tenancy in Will
Leaseholders
What are the four unities in Joint Tenancy
Unity of time
Unity of title
Unity of interest
Unity of possession
Unity of control
Who holds an undivided interest in a property
Tenants in Common
Joint Tenants
Leaseholders
Tenancy by the Entirety
A share of a portion of the property is an undivided interest.
True
False
All tenants in common have
Unity of Time
Unity of Exclusion
Unity of possession
Unity of Control
Is there a right of survivorship for tenants in common?
Yes
No
Tenants in common: The deed must specify the percentage of each tenant's share in the property otherwise the court will assume
they will come beack to finalize the document
each will get 1/4 of a share
each own an equal share
they are a joint tenancy
Termination of co-ownership:
The parties may voluntarily agree to end the co-ownership.
One or more tenants may file a suit of partition.
The operation of law may force the end of the co-ownership.
If one of the unities is destroyed,joint tenancy is destroyed
Tenancy by the entirety exists
only by husband and wife
by girlfriend and boyfriend
by employee and employer
by lessor and lessee
Is there right of survivorship for tenancy by the entirety?
Yes
No
For tenancy by the entirety, can a creditor's lien be levied against the property for the husband and not the wife?
Yes
No
Community property is
property acquired by the joint efforts of husband and wife.
property acquired before the marriage
property acquired after the marriage
property acquired before and after the marriage
Applies only between husband and wife.
Tenancy of Entirety
Tenants in common
Community Property
Joint Tenancy
Owners may hold different percentages of ownership.
Tenancy in common
Community property
Joint tenancy
Tenancy of entirety
Two or more owners with the right of survivorship.
Joint Tenancy
Tenancy of Entirety
Tenants in Common
Community Property
All tenants own equal percentage of the property.
Unity of Interest
Unity of Time
Unity of Title
Unity of Possession
All tenants acquired ownership at the same time.
Unity of Time
Unity of Title
Unity of Possession
Unity of Interest
All tenants were listed on the same deed.
Unity of Title
Unity of Possession
Unity of Interest
Unity of Time
All tenants have the right to occupy the property.
Unity of Possession
Unity of Interest
Unity of Time
Unity of Title
Right of survivorship means that the property passes to the deceased tenant's heirs.
True
False
All tenants in both a joint tenancy and a tenancy in common have the right of partition.
True
False
The simplest form of ownership is severalty.
True
False
A tenant in common may sell an ownership to someone else and not end the tenancy.
True
False
A tenancy by the entirety will be ended by the death of either spouse or by divorce.
True
False
Tenants hold an undivided interest with no right of survivorship.
Tenants in common
Joint tenancy
Community property
Tenancy by the entirety
A joint tenancy between husband and wife.
Tenancy by the Entirety
Community Property
Severalty
Right of Survivorship
A tenants have the right to ask the courts to force a dissolution of the tenancy
Joint tenancy
Common law
Right of partition
Right of survivorship
A form of ownership that includes four unities.
Joint tenancy
Tenancy by the entirety
Community property
Tenants in common
When a joint tenant dies, the tenant's share goes to the remaining joint tenants.
Right of survivorship
Right of partition
Severalty laws
Tenancy by the entirety
