Deck 8: Co-Ownership of Real Estate

Question 1

Tenants in common must own equal shares of their property.

Answer 1

False

Question 2

Tenants in common can make valid testamentary transfers of their interests.

Answer 2

True

Question 3

A tenancy in common must be created in the same document.

Answer 3

False

Question 4

A creditor of a joint tenant has a lien on the entire property.

Question 5

A creditor of a tenant in common has a lien on the entire property.

Question 6

Tenancies in common must satisfy the four unities of time, title, interest and possession.

Question 7

A party receiving an interest in land from a joint tenant becomes a tenant in common with the remaining joint tenants.

Question 8

With respect to the transfer by one joint tenant to another joint tenant, the non-transferring joint tenants remain joint tenants.

Question 9

Joint tenants can make valid testamentary transfers of their interests.

Question 10

Joint tenants must own equal shares.

Question 11

A creditor foreclosing on a joint tenant's pledged interest becomes a joint tenant.

Question 12

The remaining joint tenants can recover damages from a joint tenant who transfers his interest and severs the tenancy.

Question 13

Joint tenants can transfer their interests by will.

Question 14

A conveyance by a joint tenant severs the joint tenancy.

Question 15

A tenancy by the entirety is a joint tenancy between husband and wife.

Question 16

A tenant in a tenancy in partnership can convey his interest by will.

Question 17

In community property states, its principles are applicable only if both spouses are employed.

Question 18

Co-tenants are not responsible for contributing toward the cost of improvements made by one tenant.

Question 19

A tenancy by the entirety requires four unities to be created validly.

Question 20

A tenancy by the entirety can be severed by either spouse.

Question 21

Tenancy in partnership has the characteristic of survivorship like that found in a joint tenancy.

Question 22

Joint tenants cannot make inter vivos conveyances.

Question 23

In both tenancies in common and joint tenancies, all tenants have the right to exclusive use and possession.

Question 24

A "strawman" transaction is used to satisfy the unity of time in creating a joint tenancy.

Question 25

Prenuptial agreements are void.

Question 26

A putative spouse may have property rights in the marital property.

Question 27

Unmarried cohabitants cannot have a valid agreement for property distribution.

Question 28

Prenuptial agreements can be set aside if undue pressure was exerted.

Question 29

Creditors of individual joint tenants have limited foreclosure rights.

Question 30

Separate legal counsel for each party is a requirement for the validity of a prenuptial agreement.

Question 31

A conveyance by one joint tenant to a third party severs the joint tenancy.

Question 32

A conveyance by a tenant in common to another tenant in common severs the tenancy in common.

Question 33

One of the issues that helps make a prenuptial agreement valid is whether the spouse-to-be had independent counsel.

Question 34

The timing of the presentment of a prenuptial agreement is part of determining its validity.

Question 35

Domestic partnership rights are an issue that has involved a great deal of litigation.

Question 36

For the best protection for property rights, domestic partners should register their partnerships in states that recognize such relationships.

Question 37

That both spouses had adequate individual income and means of support is a factor in determining the validity of prenuptial agreements.

Question 38

Signing a prenup at least a month before the wedding helps to get it recognized as valid.

Question 39

Community property is used to determine property rights in common law marriages.

Question 40

If a joint tenant dies, title to his portion of the estate transfers to his heirs.

Question 41

A joint tenancy can be created between two people with a 1/3 and 2/3 interest respectively.

Question 42

A tenancy by the entirety requires five unities.

Question 43

Courts do not recognize cohabitant property rights when one of the cohabitants is still married to another party.

Question 44

Palimony agreements are recognized by most courts as valid property agreements when the consideration is within legal standards.

Question 45

A and B own property as joint tenants with right of survivorship. B dies and in his will disposes of one-half of the joint tenancy property to his niece. The testamentary disposition is:

A) Ineffective.
B) Effective so long as it is an equal share.
C) Illegal.
D) Valid as long as B was not married.

Question 46

A, B and C own property as joint tenants with right of survivorship. C makes an inter vivos conveyance to D. C's actions:

A) Are ineffective - D must return the property.
B) Are effective provided the other joint tenants consented.
C) Are effective and D is a tenant in common.
D) Are effective as long as C is not married.

Question 47

A, B, and C own property as joint tenants with right of survivorship. C makes an inter vivos conveyance to D. Suppose A has died. B:

A) Is a joint tenant of 2/3 of the property.
B) Is a tenant in common with 2/3 of the property.
C) Is a tenant in common with ½ of the property.
D) Holds title to 100% of the property.

Question 48

If one co-tenant is living on the property of the tenancy he/she must:

A) Pay rent to the other tenants.
B) Pay all taxes.
C) Share rental profits if he rents to a third party.
D) Petition for ouster to remain there.

Question 49

A, B and C are joint tenants. C has died and left all of his property to his son, C, Jr. C, Jr.:

A) Is now a tenant in common with A and B.
B) Has no rights to the property now held by A and B.
C) Is now a joint tenant with A and B.
D) Is, as an heir, entitled to C's interest.

Question 50

Smith purchased a home before he married. He and his spouse now reside in the home. The home is:

A) Community property.
B) Separate property.
C) Held in joint tenancy.
D) Held in tenancy by the entirety.

Question 51

A and B are joint tenants. A conveys his interest to C. B passes away and leaves his interest to his daughter, D. Who owns the property?

A) C and D
B) C
C) D
D) C and B's estate

Question 52

A and B are joint tenants. A conveys his interest to C. B passes away and leaves his interest to his daughter, D. How much interest did A and B hold initially?

A) Proportionate according to the amount of their payment
B) One?half each
C) Impossible to determine from the information given
D) How much interest they own depends upon who dies first

Question 53

Which is not a unity required for a joint tenancy?

A) Time
B) Person
C) Title
D) Interest

Question 54

A creditor of a single joint tenant:

A) Can foreclose on the entire parcel.
B) Will have priority in the entire parcel.
C) Can foreclose only on the joint tenant's interest.
D) Has no foreclosure rights.

Question 55

For which of the following expenses are joint tenants responsible?

A) Taxes
B) Cost of improvements
C) Cost of repairs
D) Capital road improvements

Question 56

In a community property state:

A) Each spouse owns whatever he/she earns during the marriage.
B) Spouses hold title to property in tenancy by the entirety.
C) Spouses share 50/50 in the income during the marriage.
D) Each spouse owns property in proportion to income contribution.

Question 57

Which unity is required for tenancies in common?

A) Time
B) Possession
C) Interest
D) Person

Question 58

Premarital agreements on property distribution in the event of divorce:

A) Are void as against public policy.
B) Are recognized only in second marriages.
C) Will not apply if there are children born to the marriage.
D) Are valid when properly drafted and reviewed.

Question 59

A tenancy in partnership:

A) Is most like a joint tenancy.
B) Is most like a tenancy in common.
C) Requires unity in time.
D) Requires limited liability.

Question 60

A and B are tenants in common, with each owning a 1/2 interest. B conveys her interest to C. A dies, leaving all her property to her children. Who owns the property now?

A) C owns 1/2 and A's children own 1/2
B) A's children own the property exclusively
C) B owns the property
D) C and A's estate own the property

Question 61

Creditors of tenants in common:

A) Cannot take security in the tenancy property.
B) Lose their interest in the tenancy property if it is conveyed.
C) Are entitled to foreclosure rights on the full property.
D) Can foreclose on the debtor tenant's interest.

Question 62

Under the Uniform Marital Property Act, which of the following is not a requirement for a valid premarital agreement?

A) Voluntary
B) Can be used only by a putative spouse
C) Independent advice
D) A writing evidencing the agreement

Question 63

A, B and C are tenants in common. A owns 2/3 interest. B and C own 1/6 each. C has died leaving his interest to his daughter, D. B has transferred his interest to H. The property is now owned as follows

A)A owns the full amount
B)A - 2/3, H - 1/3
C)A - 2/3, D - 1/6, H - 1/6
D)A - 5/6, H - 1/6

Question 64

Which of the following is not a requirement for a valid prenuptial agreement?

A)Time for review
B)Independent advice for each spouse
C)Disclosure of extent of assets
D)Consideration

Question 65

A joint tenancy in which there are unequal shares will fail because of violation of the unity of:

A)Time.
B)Title.
C)Interest.
D)Possession.

Question 66

Which of the following is required for a valid prenuptial agreement?

A)Separate legal counsel for each party
B)Voluntary signature
C)Notarized signature
D)Court approval

Question 67

A, B, C, D - tenants in common on a parcel of land.
D conveys to E
C conveys to F
B dies and leaves his property to his children, G, H and I
Which describes accurately who owns the parcel?

A)A, E, F, G, H and I
B)A, E and F
C)A
D)A and G, H, I

Question 68

A, B, C, and D are tenants in common on a parcel of land. D conveys to E. C conveys to F. B dies and leaves his property to his children, G, H, and I. What interest does A hold?

A) 100%
B) 1/2
C) 1/4
D) 1/6

Question 69

A, B, C, and D are tenants in common on a parcel of land. D conveys to E. C conveys to F. B dies and leaves his property to his children, G, H, and I. Suppose that A, B, C and D were joint tenants. Who owns what?

A) A, E, F, G, H, I - equal shares
B) A, E, F - equal shares
C) A, E, F - with A owning 1/2
D) A

Question 70

The presence of legal counsel for both sides to a prenuptial agreement:

A)Has little effect on whether the agreement will be valid.
B)Is not necessary in California.
C)Is a near-certain way of ensuring the agreement's validity.
D)Makes the agreement void.

Question 71

On December 1, 2020, Tyrone, Ned, and Arlen were deeded a piece of land as tenants in common. The deed provided that Tyrone owned 1/2 the property and Ned and Arlen owned 1/4 each. If Arlen dies, who owns what and how much?

A) Tyrone 1/2, Ned 1/4, Arlen's heirs 1/4
B) Tyrone 1/3, Ned 1/3, Arlen's heirs 1/3
C) Tyrone 5/8, Ned 3/8
D) Tyrone 1/2, Ned 1/2

Question 72

Steve, Rob, and Charley own a building as joint tenants with the right of survivorship. Steve conveyed his interest in the building to Mary by executing and delivering a deed to Mary. Rob and Charley did not know about the transfer and did not consent to it. Rob and Charley then died. After their deaths, what would Mary's interest in the building be?

A)A 1/3 interest as a tenant in common
B)A 1/3 interest as a joint tenant
C)Total ownership due to the deaths of Rob and Charley
D)No interest because Rob and Charley did not consent to the transfer

Question 73

Roy Bean and Alvira Jones are tenants in common in a casino and hotel in Sparks, Nevada. Roy is a bit of a spendthrift and has run up over $75,000 in credit card debt, $212,000 in lines of credit, and also has a $759,000 mortgage on a house that is now worth $300,000. Roy's creditors have judgments totaling the amount of these debts, plus interest, plus collection expenses and litigation fees for a total of $1.5 million. The creditors have placed a judgment lien on the casino. Which of the following statements is correct?

A)Because they are tenants in common in the casino, Alvira's interest is affected by the creditor's lien.
B)Alvira's interest in the casino cannot be attached by the creditors.
C)The creditors cannot place any lien on property that is co-owned.
D)Alvira cannot sell her portion of the casino without paying off the lien.

Question 74

In 1951, Margaret, Julia, May, and Jennie Hasselman (collectively, the Hasselman Women) acquired by intestate succession an undivided one-half interest in the surface and mineral rights of a 160-acre tract of land in San Juan County, New Mexico (the Property). On April 26, 1951, the Hasselman Women conveyed their entire interest in the Property to May's husband. Immediately thereafter, May's husband conveyed the Property back to the Hasselman Women as joint tenants. The language of the deed from May's husband to the Hasselman Women explicitly stated: "Not in tenancy in common but in joint tenancy."
May died in November 1962. Julia died in November 1973. Margaret died in May 1974. In September 1981, Jennie executed a warranty deed conveying an undivided one-half interest in the property to herself and her daughter, June, as joint tenants. Who owns the Property now?

A)Jennie owns a full one-half interest in the Property
B)Jennie and June own a full one-half interest in the Property as joint tenants
C)Jennie and June own a full one-half interest in the Property as tenants in common
D)Jennie and June each own a 1/8th interest in the property and May, Julia and Margaret's heirs each own a 1/4 interest

Question 75

In 1995, Edna R. Murphy executed a quitclaim deed conveying her residence to herself and Dorothy Moore as joint tenants with a right of survivorship. This quitclaim deed was recorded. In 1998, Murphy quitclaimed her interest in the property to another party, who, in 2002, quitclaimed the property back to Murphy. Who owns the property now?

A)Murphy and Moore as joint tenants
B)Murphy and Moore as tenants in common
C)Murphy, Moore, and the third party as tenants in common
D)Murphy and the third party as tenants in common

Question 76

William and Cynthia agreed, through a written agreement, that in the event that they got a divorce that William would pay Cynthia $2,400 per month in alimony for the earliest of either five years had expired or Cynthia had remarried. They signed the agreement two months before they were married in 1975. In 2018, they were divorced and Cynthia wanted her $2,400 per month. William says he does not make enough money to pay that much. Which best describes what the court will do?

A) The court will honor a valid prenup agreement that is voluntarily entered into
B) A prenup cannot cover alimony payments
C) The prenup expires after 20 years of marriage and the court then determines the parties' rights
D) Remarriage cannot end alimony payments automatically

Question 77

A strawman transaction is used:

A)By the court to sever a joint tenancy.
B)By an owner to create a joint tenancy with another person and himself.
C)At the risk of committing fraud.
D)In domestic partnerships when marriage is prohibited.

Question 78

Community property with right of survivorship:

A)Is not permitted in community property states.
B)Allows married couples to hold title to property in community property states with right of survivorship.
C)Allows married couples to hold title to community property and avoid probate.
D)Eliminates joint tenancies in community property states.

Question 79

X, Y, and Z run the XYZ Partnership. The partnership owns a factory located in Yuma, Arizona. Z has passed away. Who owns the factory now?

A)X and Y
B)X, Y and Z's heirs
C)X and Y as tenants in common
D)The partnership owns the building, but X and Y have the right to run it

Question 80

Patricia met Joel F. Tamraz in December 1987. At that time, Joel was in the process of purchasing a condominium in Malibu, California, for $220,000. Although Joel initially took title to the property in his name only, before escrow closed he signed a quitclaim deed in which he granted one-third of his separate property interest in the Malibu condominium to Patricia, with title to be held as tenants in common. Which of the following statements is correct?

A)Joel has created a valid tenancy in common.
B)Because the proper unities are not present, there is no valid tenancy in common.
C)Because the transfer occurred before closing it is invalid.
D)The two are joint tenants with right of survivorship.