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12 Cards in this Set
- Front
- Back
Does JT have a right to partition?
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Yes
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What is preferred by law? JT or TIC?
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TIC
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What are the four unities for JT?
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Possession - each tenant has a right to possess the whole
Interest- same duration and same amount of interest Title- created by same instrument Time- all tenants should get at same moment |
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what happens if one of the unities is destroyed?
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severance of JT and changes to TIC (rt of survivorship goes away)
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what kind of language is needed for JT?
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very specific- "as JT with right of survivorship"
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What happens when one JT kills another?
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slayer statutes-
1) get everything 2) get half TIC 3) get nothing |
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In ga, what happens when one JT dies?
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goes to estate not other JT.
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Does TIC have a right of survivorship?
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No
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Is TIC inheritbale or devisable?
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Both
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What does modern law presume? TIC or JT?
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TIC
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Can you convey TIC interest?
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Yes grantee becomes another TIC.
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"Jointly and severally"
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Court saw it was TIC- Smith thinks its too technical.
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