co-ownership of real property in which parties may hold equal or unequal shares in the land and have separate but undivided interests in the entire property.
may be equal or unequal
can acquire interests at different times
interest can be sold, leased, etc...
each tenant is entitled to equal possession (not shares)
Joint Tenancy
form of co-ownership in which two or more persons own equal shares of property, with the right of survivorship between the joint tenants
ownership by two or more
a form of concurrent ownership with survivorship
each person owns an equal share in the whole
equal right to possession
Right of Survivorship
pon the death of one joint tenant, the surviving joint tenants automatically
receive equal shares from the deceased joint tenant
Tenancy by the entirety
a form of joint tenancy limited to married couples
about half of the states allow this form of spousal ownership
Community Property
Property acquired during marriage that is owned equally by the spouses.
Separate property
Property of a spouse that does not become part of the community property.
Community property with right
of survivorship
hybrid Community Property and Joint tenancy
the rules of community property are followed, but spouses cannot convey their one-half community property interest upon their death
the interest passes automatically to the surviving spouse.
prenuptial agreements
agreements made prior to marriage between prospective spouses that limit or waive a spouse's right to marital property.
Postnuptial agreement
agreements made after a marriage that limit or waive a spouse's right to marital property
Common law marriage
A state recognition of marital status for unmarried couples who hold themselves out to the public as if they are married.
Dower
right of a wife to take a life estate in one-third of the real property held by the husband during marriage. Any buyer of the land from the husband's estate would take subject to the wife's life estate.
Curtesy
the right comparable to dower that is given to a surviving husband. However, the husband has curtesy rights only if issue (children) were born from the marriage, and he receives a life estate in all his wife's lands (not 1/3
ouster
A forceful removal or not allowing a co-tenant access to the premises.