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12 Cards in this Set

  • Front
  • Back
Does JT have a right to partition?
Yes
What is preferred by law? JT or TIC?
TIC
What are the four unities for JT?
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
what happens if one of the unities is destroyed?
severance of JT and changes to TIC (rt of survivorship goes away)
what kind of language is needed for JT?
very specific- "as JT with right of survivorship"
What happens when one JT kills another?
slayer statutes-
1) get everything
2) get half TIC
3) get nothing
In ga, what happens when one JT dies?
goes to estate not other JT.
Does TIC have a right of survivorship?
No
Is TIC inheritbale or devisable?
Both
What does modern law presume? TIC or JT?
TIC
Can you convey TIC interest?
Yes grantee becomes another TIC.
"Jointly and severally"
Court saw it was TIC- Smith thinks its too technical.