A and B hold property as joint tenants with right of survivorship. A secretly executes a will devising his interest to his daughter C. A then dies. Who owns the property?

B alone. B owns the entire property. The right of survivorship in a joint tenancy operates automatically at death and defeats any attempted devise by will. A's will has no effect on the joint tenancy interest because it was not severed during A's lifetime. The moment A died, B became the sole owner by operation of law.

H and W hold property as tenants by the entirety. H's judgment creditor seeks to execute on the property to satisfy a debt. In most jurisdictions, the creditor will:

Not be able to reach the property during both spouses' lifetimes. A major advantage of tenancy by the entirety is protection from individual creditors. Because neither spouse can unilaterally transfer or encumber their interest, a creditor of only one spouse generally cannot reach the property. The creditor must be a creditor of both spouses jointly to execute on entireties property.

A, B, and C hold property as joint tenants. A conveys her interest to D. What is the resulting ownership?

D holds as tenant in common; B and C remain joint tenants as to each other. A's conveyance severs the joint tenancy only as to A's share. D takes as a tenant in common with a 1/3 interest. B and C remain joint tenants as between themselves (each with 1/3). If B dies, C takes B's share by survivorship, leaving D with 1/3 and C with 2/3 as tenants in common.

Owen conveyed Blackacre "to Abby and Ben as joint tenants with right of survivorship." One year later, Abby conveyed her interest in Blackacre to Carlos. Abby then died intestate, survived by her son David as her sole heir. Carlos brings an action to partition Blackacre. What is the result?

Ben and Carlos each own one-half of Blackacre as tenants in common. When Abby conveyed her interest to Carlos, she severed the joint tenancy as to her share. Carlos received Abby's one-half interest and became a tenant in common with Ben. Because the joint tenancy was severed during Abby's lifetime, Ben's right of survivorship was destroyed. When Abby died, there was nothing for Ben to take by survivorship—Abby had already transferred her entire interest to Carlos. Ben and Carlos now hold Blackacre as tenants in common, each with an undivided one-half interest.

Harry and Wendy, a married couple, acquired title to a residential property as tenants by the entirety. Without Wendy's knowledge or consent, Harry executed a deed purporting to convey his interest in the property to his friend Frank. Harry subsequently died. In an action to quiet title, the court should determine that the property is owned by:

Wendy alone, because a tenancy by the entirety cannot be unilaterally severed. A tenancy by the entirety can only be held by a married couple and cannot be unilaterally severed by either spouse. Unlike a joint tenancy, where one tenant can sever by conveying to a third party, a conveyance by one spouse alone in a tenancy by the entirety is void and transfers nothing. Harry's deed to Frank had no legal effect. When Harry died, Wendy took the entire property by right of survivorship. Frank acquired no interest in the property because Harry's attempted unilateral conveyance was ineffective.

Concurrent Ownership

When two or more persons share ownership of property simultaneously, they hold as co-tenants. Each co-tenant has an undivided right to possess the entire property.

Types of Concurrent Estates

1. Tenancy in Common

The tenancy in common is the default form of concurrent ownership in most jurisdictions.

Characteristics:

No right of survivorship: Each tenant's interest passes through their estate at death
Only unity of possession required: Each tenant has right to possess the whole
Freely transferable: Can be conveyed, devised, or inherited
Unequal shares permitted: Tenants may own different fractional interests

Example: O conveys "to A and B." Without additional language indicating joint tenancy, A and B hold as tenants in common.

2. Joint Tenancy

A joint tenancy includes a right of survivorship: when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s).

The Four Unities (TTIP):

Unity	Requirement
Time	All interests acquired simultaneously
Title	All acquired through same instrument
Interest	All have equal shares and same type
Possession	All have right to possess whole

Creation Language: "to A and B as joint tenants with right of survivorship" or similar express language. Some jurisdictions require specific survivorship language.

Modern Trend: Many jurisdictions allow a sole owner to create a joint tenancy by conveying directly to themselves and another, without the traditional requirement of using a "straw man" intermediary.

3. Tenancy by the Entirety

Available only to married couples in jurisdictions that recognize it. Functions similarly to joint tenancy but with additional protections.

Characteristics:

Right of survivorship: Surviving spouse takes entire property
Cannot be unilaterally severed: Neither spouse can transfer their interest alone
Protected from individual creditors: Creditors of one spouse generally cannot reach the property
Requires five unities: Time, Title, Interest, Possession + Marriage

Severance: Only by:

Mutual agreement and joint conveyance
Divorce (converts to tenancy in common)
Death of one spouse

Severance of Joint Tenancy

A joint tenancy can be converted to a tenancy in common through severance:

Acts That Sever

Act	Effect
Inter vivos conveyance	Severs as to conveying tenant; new owner holds as tenant in common with remaining joint tenants
Mortgage (Title Theory)	Severs joint tenancy by transferring legal title to mortgagee
Mortgage (Lien Theory)	Does NOT sever—mortgage is only a lien
Lease	Jurisdictions split on whether this severs
Contract to sell	May create equitable conversion that severs
Murder of co-tenant	Jurisdictions vary; some prevent murderer from taking by survivorship

Acts That Do NOT Sever

Devise in will (right of survivorship defeats will)
Secret intent to sever
Mortgage in lien theory state (unless foreclosed)
Filing a partition action (severance occurs only upon final judgment)
Negotiations to sell or partition

Murder of Co-Tenant

When one joint tenant murders another, jurisdictions handle survivorship differently:

Approach	Effect
Constructive Trust	Murderer holds legal title but as constructive trustee for victim's estate
Severance at Death	Murder severs joint tenancy; murderer takes only their 1/2 as TIC
Statutory Forfeiture	Murderer forfeits entirely; victim's estate takes all

Most jurisdictions prevent the murderer from profiting through the "slayer statute" or equitable principles.

Rights and Duties of Co-Tenants

Possession

Each co-tenant has right to possess the entire property
No co-tenant may exclude another from any part

Ouster

If one co-tenant wrongfully excludes another from possession:

Ousted tenant may recover for lost rental value
Ousted tenant may recover for exclusive use by possessing tenant

Rents and Profits

Out-of-possession tenant entitled to share of net rents from third parties
Generally no duty to pay rent to other co-tenants for personal occupancy (absent ouster)

Expenses

Expense Type	Contribution Rights
Necessary repairs	Modern trend: Can seek contribution if notified other co-tenants
Improvements	No right to contribution (may receive credit in partition)
Taxes/Mortgage	Co-tenant in sole possession: Credit only for amounts exceeding rental value

Partition

Any co-tenant can seek judicial partition:

Partition in kind: Physical division preferred if practical
Partition by sale: Property sold, proceeds divided proportionally

Comparison Chart

Feature	Tenancy in Common	Joint Tenancy	Tenancy by Entirety
Right of Survivorship	No	Yes	Yes
Unities Required	Possession only	TTIP (4)	TTIP + Marriage (5)
Unilateral Severance	N/A	Yes	No
Creditor Access	Yes	Yes (to tenant's share)	No (individual creditors)
Creation	Default	Express language	Married couples

California Bar Exam

Key Takeaways

Concurrent Ownership

Types of Concurrent Estates

1. Tenancy in Common

2. Joint Tenancy

3. Tenancy by the Entirety

Severance of Joint Tenancy

Acts That Sever

Acts That Do NOT Sever

Murder of Co-Tenant

Rights and Duties of Co-Tenants

Possession

Ouster

Rents and Profits

Expenses

Partition

Comparison Chart

California Bar Exam

1Real Property

Key Takeaways

Concurrent Ownership

Types of Concurrent Estates

1. Tenancy in Common

2. Joint Tenancy

3. Tenancy by the Entirety

Severance of Joint Tenancy

Acts That Sever

Acts That Do NOT Sever

Murder of Co-Tenant

Rights and Duties of Co-Tenants

Possession

Ouster

Rents and Profits

Expenses

Partition

Comparison Chart