Concurrent Estates and

Marital Estates
 Types of Concurrent Estates
 Joint tenancy with right of survivorship
 Tenancy in common
 Tenancy by the partnership
 Joint Tenancies-The Four
Unities Test
 Unity of time
 Unity of title
 Unity of interest
 Unity of possession
 Joint Tenancies-Words to
Create
 Joint tenants
 Joint tenants with right of survivorship
 Joint tenants with right of survivorship and
not as tenants in common
Critical Difference between Joint
Tenancy and Tenancy in
Common
 The right of survivorship
 Problems

 O conveys Blackacre to A and B, as joint tenants

 O conveys Blackacre to A and B, as co-tenants
 O conveys Blackacre to A and B
 O conveys Blackacre to A, B and C as joint tenants with
right of survivorship
– A conveys to D
– B later dies
– State the title
 Rights of Co-tenants
 Possession
– May occupy rent free-Cummings v. Anderson
– Presumption of equal ownership but rebutted by evidence of differing
contributions-Cummings v. Anderson
 Accounting
 Partition
 Rents
– Must account for rents received from others
 Repairs
– Obligation of party in possession
 Improvements
 Taxes
 Severance
 Conveyances
– Severs joint tenancy
– Execution of contract to sell realty severs joint tenancy but contra
authority
 Leases
– Lease severs joint tenancy
– Lease does not sever joint tenancy
– Lease severs joint tenancy only if leasing joint tenant dies during the term
of the lease
 Mortgages
– Lien theory
– Title theory
 Divorce
– Severs joint tenancy (disagreement)
 Murder
 Joint tenancy Bank Accounts
 Gift theory
 Contract theory
 Ingram Estate
 CD “in joint tenancy with right of survivorship
 Explicitly creates jtrs

– Not revoked by holographic will

– Can only be revoked by a severance during lifetime

 Bank Accounts as “joint tenants”

 No clear expression
 Was jtrs intended
– Expression of intent
– Was form advised by bank officer advising on means to
create a joint tenancy
– Who had access
– Did tenants agrees to discretionary use of account
– Did each exercise possessory rights
 Creditors Rights At Death

 Common law
 UPC
 Marital Estates

 Dower
– 1/3 of all real property for life of which husband seised during
marriage in fee simple or fee tail capable of inheritance by issue of
the marriage
 Curtesy
– Life estate in all legal and equitable estates in real property of
 Statutory versions
– Husbands and wives treated alike
– Typically 1/3 but can be 1/2
– Attaches to real and personal property
 Tenancy by the Entirety

 Four unities
 Fifth unity
 Rights of creditors
 Rights to sever
– Divorce severs
 Effect of Married Women’s Property Acts
 Community Property

 California, Nevada, New Mexico, Arizona, Washington,

Idaho, Texas and Louisiana
 Wisconsin
 Nature of
 Separate vs. Community
Is Your Degree and Asset Subject to
Equitable Division at Divorce
 In re Marriage of Francis
– Reimbursement alimony (a stake in the future
earning capacity of the advanced degreed
spouse
– Reduce expected earning to present value
– Come up with a capital to labor ratio
 Rehabilitative alimony
 Property Rights of Co-habitants

 What is the principle lawyering challenge to representing

co-habiting couples?