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 The Dumped dot com articles
When Sally Dumped Harry
By Luigi Frascati
When Harry met Sally and they decided
to purchase real estate, a variety of things could have happened as they
relate to how title to the property could be held at any given time. This
is so because whenever an interest in land is owned by more than one person,
a concurrent estate or co-tenancy is created. The parties to
the concurrent estate are referred to as co-tenants, or as joint tenants,
or as tenants in common depending on the type of concurrent estate that is
created. Common Law, in fact, recognizes three types of concurrent estates
as follows:
[ ] tenancy in common;
[ ] joint tenancy with right of
survivorship;
[ ] tenancy by the entirety.
[ ] Tenancy in
common
Tenancy in common is the default form
of concurrent estate and is entirely based at Common Law on one and only
one principle, referred to as ‘unity’: the unity of possession.
In this form of ownership each owner is regarded as owning separate and distinct
shares of title, which may differ in size. Thus, Harry could own sixty percent
of the title and Sally forty percent, or the other way around, depending
upon how their respective contribution towards the purchase was configured.
In a tenancy in common, furthermore, there is no right of survivorship. This
means that in the eventuality that Harry passed away – say while hunting
for quails in South Texas, for example - his share of the tenancy would transfer
by inheritance to his heirs and would not go automatically to Sally. Which,
of course, would be problematic for Sally if Harry had decided to leave his
share of ownership to his long-time drinking pal Felipe, since history would
have to be rewritten as in “When Sally met Felipe”.
A tenancy in common may be terminated
when anyone of the following occurrences takes place:
[ ] by an agreement between the parties
to sell one tenant’s interest to the other;
[ ] by an agreement between the parties
to sell the whole interest to a third party;
[ ] by an order awarded by a Court
to divide up a concurrent estate into separate portions representing the
proportionate interests of the tenants. To this extent, there are two kinds
of partition which can be awarded by Court: partition in kind and
partition by sale. A partition in kind is a division of the property
itself, whereas partition by sale constitutes a forced sale of the land,
followed by division of the profits thus realized among the tenants.
It is important to know, moreover,
that an original tenancy in common is not terminated merely because one party
chooses to sell his/her own interest. The purchaser will simply become the
new tenant in common.
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[ ] Joint
Tenancy
In a joint tenancy, both Harry and
Sally would own an undivided interest in the whole of the property. As such,
the essential feature of this type of ownership is the right of survivorship,
that is when one tenant dies his share passes automatically to the remaining
joint tenants. Contrary to the belief of some, there can be more than two
joint tenants with each owning an undivided interest in the joint tenancy.
Because of the right of survivorship, Harry could not leave his interest
to anyone else in his will. Such being the case, upon his death as a direct
consequence of the foresaid quail-hunting accident in South Texas, Sally
would acquire automatically the whole of the interest in the estate.
At Common Law, four unities must be
present and be maintained to create a joint tenancy:
[ ] unity of possession –
this means that both tenants must have the right to possess the whole property.
If one owner can prove that he or she has been improperly excluded from the
property by the other, the joint tenancy will be invalidated.
[ ] unity of interest –
all joint tenants must have the same type of interest in land, and the extent,
nature and duration of such interest must be identical. For instance, Harry
cannot have a fee simple and Sally a life estate, and this is so because
in order for them to transfer possession of the estate both must sign the
same agreement, so that the type of estate must be the same.
[ ] unity of title – all
joint tenants must obtain their interest from the same document, like a will
or a deed.
[ ] unity of time – all
joint tenants must receive their interest at the same time.
Because of the fact that the right
of survivorship could create unfairness, the law will recognize a joint tenancy
only if it has been created expressly. If a document transfers title to two
co-owners without specifying how title is to be held, the law will presume
that they are tenants in common even if the four unities are present.
Moreover, the termination of any of
the foregoing unities will result in the law implying that the joint tenancy
has been severed. When this happens, it becomes a tenancy in common. Severance
usually occurs in one of two ways: by the sale or mortgage of a joint
tenant’s interest or by a Court order. The sale, mortgage or attachment
of one joint tenant’s interest will create a tenancy in common, but
only as far as that person is concerned.
For example, if Harry, Sally and Aunt
Trudy are joint tenants and Aunt Trudy sells her interest, Harry and Sally
remain, as between themselves, joint tenants of two-thirds of the property
but they become tenants in common with the new co-owner of the one-third
interest. Many people do not realize that under the law a joint tenant may
freely sell, mortgage or lease his interest just like a tenant in common
would, without requiring the consent or knowledge of the remaining co-owners.
If Harry were to do so, therefore, he would sever the joint tenancy even
though Sally was unaware of it – an excellent reason for Sally to dump
him for good.
[ ] Tenancy by the
entirety
Tenancy by the entirety is a type
of concurrent estate available only to married couples, wherein ownership
of the property is treated as though the husband and wife are a single legal
person. Like a joint tenancy, the tenancy by the entirety also encompasses
a right of survivorship, so if Harry dies the entire interest in the property
passes to Sally without going through probate. In order for a tenancy by
the entirety to be created, the party or parties seeking to create it must
specify in the deed that the property is being conveyed to the couple "as
tenants by the entirety".
Also, the parties must share the four
unities necessary to create a joint tenancy plus a fifth unity, marriage.
However, unlike a joint tenancy, neither party in a tenancy by the entirety
has a unilateral right to sever the tenancy by the entirety - if it is to
be undone, or if any part of the property is to be conveyed to another person,
this must be carried out by both husband and wife. A divorce breaks the unity
of marriage, leaving the default tenancy – a tenancy in common. Therefore,
should Sally decide to dump Harry, title would be held as a tenancy in
common.
About the author:
Luigi Frascati
Luigi Frascati is a Real Estate Agent
based in Vancouver, British Columbia. He holds a Bachelor Degree in Economics
and maintains a weblog entitled the Real Estate Chronicle at
http://wwwrealestatechronicle.blogspot.com
where you can find the full collection of his articles. Luigi is associated
with the Sutton Group, the largest real estate organization in Canada, and
is based with Sutton-Centre Realty in Burnaby, BC.
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Dumped Articles
How To Deal When You've Been
Dumped
Everyone seems to have been through
a broken heart or two. With all the practice, you'd think breakups would
become easier to deal with. Alas, being dumped is one of the crummiest situations
we mere mortals have to surmount.
You've
Been Dumped Part 1
We've all been dumped or have been
the dumpee at once time in our relationship lifetimes. The following article
is a horror story depicting the importance of breaking free if it ever happens
to you.
You've
Been Dumped Part 2 (Continued)
You've patiently waited for it. Hear
it is Part 2 of heartache. Enjoy!
When Sally
Dumped Harry
Co-ownerships of fee simple interests in land.
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I am sure that we have all been through
the nightmare of been dumped by our boyfriend or girlfriend. At times it
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This is a very common problem for many
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Housewives + Sex in the City= Edutainment TV Today
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It's a sad fact of life, but at some
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to get dumped, especially by someone you cared for and loved. But, love is
a two-way street. Both parties have to love and nurture a relationship to
keep it alive. It's no good to be involved in a one-way relationship with
a woman that you love and she does not love you back.
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Been in a bad relationship? Been cheated on? Been dumped? Don't let it
ruin you. Get help today.
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to do When You Get Dumped
Break-ups in relationships are never
easy and it's worse when you are the one who gets dumped.
Got a Girlfriend? Here's How Not to
Screw It Up
Having a girlfriend can be a dangerous
thing. We become too dependent on our woman for our happiness, and then if
we get dumped, we find that we've all of a sudden lost our confidence. This
results in being without sex for many months, until we finally get a girlfriend
again, and... the cycle repeats. So to break this cycle, we need to REMAIN
the attractive guy, the alpha male. This article explains how.
3
Reasons Why Inner Game Will Help Your Love Life
Before deciding to get my `mental house`
in order, with respect to relationships, over 2 years ago my inner game was
a mess. A gorgeous, intelligent girl just dumped me, and I even considered
finding any `ole` girl, even if below my standards, and getting married just
dumped me. After all the family had pressuring me anyway. Then I got realistic
and began researching to find out where I went wrong and why I felt so low
a man. Enter Inner Game.
Being
Dumped, Just Plain Sucks!
"Being Dumped" really is one of the
worst experiences, short of death that we, as humans are faced with in our
lives. They say that, death of a loved one is easier to learn to live with,
than a break-up , "Being Dumped" or rejection.
How
to Ease the Pain of a Breakup
Whether you do the dumping or you are the one who got dumped, breakups
are painful. If you initiated the breakup you may feel guilty, or question
that you made the right decision. If you were the one who got dumped you
may feel shocked, hurt, and angry. Breakups are painful for either
party.
How
To Make Hooking Up With Your "Ex" More Thrilling Than It Ever Was
Before!
Now I really have seen everything...
The other day, I saw a television show with a very curious premise: They
found a good-old Southern boy who was such a charmer, 6 of his ex-girlfriends
(some, who had been flat-out "dumped" by him) were willing to line themselves
up in front of a camera for 120 minutes, and go through various and sundry
interviews, to see whether or not they could pass muster with him, the second
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Second
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Divorce happens. I'm not going to debate
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once he's satisfied his curiosity.
Breaking Relationships with
Women
It is a sad fact of life, but there
will be times when you have to end a relationship. You have to make some
tough choices in life and this is one of them. It's hard to dump someone.
Personally, I'd rather have a root canal.
How
to Dump Your Girlfriend
This week I want to talk about dumping
your girlfriend. Unfortunately a lot of relationships just don't work out.
And if you find yourself in a relationship that is going nowhere, it is best
to end it as quickly as possible. If you are convinced that you have lost
all your feelings for her, whatever you do, don't lead her own and stay in
the relationship just to have someone to be with or for sex.
How
to Decide When to End a Long-term Relationship
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marriage. Your relationships can elevate you to new heights or drag you down
into the dumps. But what if you’re somewhere in the middle?
8
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Unfortunately there is no magic formula
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Here's how...
Dumped? Get
Set for a New Life
We've all either been the dumper or
dumpee at some point in our life. The following article will help you mend
yourself and move forward as a better more desirable person.
How I
Got Dumped Via AIM
Larry King once asked Stephen Hawkin
if there was anything about the universe he didn't understand. Hawkin replied
"women". That little anecdote seems to be the foundation of all my relationships
(or lack there of). |
