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Question 1
Ethel conveys an apartment "to Lucy and Ricky," who are husband and wife. Lucy and Ricky share the apartment as...
Correct
Incorrect!
Correct
Incorrect!
Correct Any conveyance to a husband and wife that preserves the four unities presumptively creates a tenancy by the entirety.
Incorrect! Any conveyance to a husband and wife that preserves the four unities presumptively creates a tenancy by the entirety.
Correct
Incorrect!
Question 2
Ethel conveys an apartment "to Lucy and Ricky," who are husband and wife "as joint tenants". Lucy and Ricky share the apartment as...
Correct
Incorrect!
Correct If the intent of the donor is to create a joint tenancy or a tenancy-in-common between the husband and wife, this intent can override the presumption that a transfer to husband and wife creates a tenancy by the entirety.
Incorrect! If the intent of the donor is to create a joint tenancy or a tenancy-in-common between the husband and wife, this intent can override the presumption that a transfer to husband and wife creates a tenancy by the entirety.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Lucy and Ricky own Blackacre as tenants by the entirety. In exchange for promising to give Ricky a big musical gig, Ricky promises to transfer his interest in Blackacre to Producer. Can Producer sue and obtain an interest in Blackacre?
Correct In tenancy by the entirety, neither party may convey the property without the other's permission. In addition, the property is also immune from claims of the creditors of either party.
Incorrect! In tenancy by the entirety, neither party may convey the property without the other's permission. In addition, the property is also immune from claims of the creditors of either party.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Lucy and Ricky own Blackacre as tenants by the entirety. On May 1, Lucy and Ricky get divorced. On May 5, Lucy dies. In her will, Lucy leaves her interest in Blackacre to Ethel. Who owns Blackacre?
Correct
Incorrect!
Correct
Incorrect!
Correct A divorce automatically breaks up a tenancy by the entirety and converts it into a tenancy-in-common. So, on May 5, Lucy and Ricky were tenants-in-common on Blackacre. Thus, when Lucy died, her interest in Blackacre was transferred by her will to Ethel. Thus, Ethel takes Lucy's place and Ethel and Ricky are now tenants-in-common on Blackacre.
Incorrect! A divorce automatically breaks up a tenancy by the entirety and converts it into a tenancy-in-common. So, on May 5, Lucy and Ricky were tenants-in-common on Blackacre. Thus, when Lucy died, her interest in Blackacre was transferred by her will to Ethel. Thus, Ethel takes Lucy's place and Ethel and Ricky are now tenants-in-common on Blackacre.