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bala
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Posted: 10 Jul 2009 at 23:45 | IP Logged  

This eg is from Becker R6 pg 41:-

Alice, Bobby and cindy own Blackacre as joint tenants with rt of survivorship. cindy sells her interest in Blackacre to David. David has 1/3 undivided interest in Blackacre as tenants in common. Alice and Bobby each own a 1/3 interest in the land as joint tenants. Shortly thereafter, Alice dies. At Alice's death, David still has a 1/3 undivided interest as a tenant in common and Bobby owns an undivided 2/3 interest as a tenant in common.

I think there is a mistake in here, as Bobby's interest should be treated as joint tenant?

does a tennat in common own interest as undivided just like joint tenants?
Thanks!
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caixinran
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Posted: 11 Jul 2009 at 00:07 | IP Logged  

Hi, Bala

Since 2 out of 3 original Joint Tenants died. Bobby can only be Tenant in common.

 

NO ONE TO JOINT WITH...

 



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bryris
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Posted: 11 Jul 2009 at 11:31 | IP Logged  

Boo yah!

The last one living in a joint tenancy agreement, takes the property. A clear example: Me and brother hold a JT in property. He dies. I own the property. It is no longer a JT, b/c its just me.


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bala
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Posted: 11 Jul 2009 at 21:38 | IP Logged  

Thanks a lot caixinran!! wonderful explanation, never thought in that angle!
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