Carol and Dave purchase a property as joint tenants. Carol decides to sell her interest in the property to Eve without Dave's consent. What is the effect of Carol's sale on the tenancy?
Eve becomes a tenant by the entirety with Dave.
The joint tenancy remains intact, and Eve becomes a joint tenant with Dave.
The joint tenancy converts to a tenancy in common maintained by Carol and Dave.
The joint tenancy is terminated, and Carol's interest becomes a tenancy in common held by Eve and Dave.
When a joint tenant transfers their interest, the joint tenancy is terminated and converted into a tenancy in common. Eve becomes a tenant in common with Dave. The correct answer reflects this change, while the other options incorrectly assume the joint tenancy remains intact or incorrectly categorize the new tenancy.
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What is the main difference between a joint tenancy and a tenancy in common?
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What happens to the joint tenancy if one co-tenant sells or transfers their interest?
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Why can't Eve become a joint tenant or a tenant by the entirety with Dave?
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Multistate Bar Examination
Real Property
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