Joint Tenants Owe Fiduciary Duty
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
14995_olive-press-workshop · REAL_PROPERTY · Choice AHannah, because Timothy's will severed the joint tenancy.
Why it's attractive
Names the dramatic end-of-life act (the will) as the severance; a will cannot sever a joint tenancy because severance must be inter vivos.
Why it's wrong
Names the dramatic end-of-life act (the will) as the severance; a will cannot sever a joint tenancy because severance must be inter vivos.
14995_olive-press-workshop · REAL_PROPERTY · Choice CLydia, because Timothy breached his fiduciary duty as her joint tenant.
Why it's attractive
Reads Timothy's nondisclosure as a breach of a duty owed to Lydia, then leaps to forfeiture of Timothy's interest as the remedy; at common law, joint tenants owe no fiduciary duty to one another and the remedy for a cotenant's misconduct is accounting/partition, not forfeiture.
Why it's wrong
Reads Timothy's nondisclosure as a breach of a duty owed to Lydia, then leaps to forfeiture of Timothy's interest as the remedy; at common law, joint tenants owe no fiduciary duty to one another and the remedy for a cotenant's misconduct is accounting/partition, not forfeiture.
14995_olive-press-workshop · REAL_PROPERTY · Choice DLydia, because the joint tenancy was reestablished by Hannah's reconveyance to Timothy.
Why it's attractive
Treats the round-trip (Timothy → Hannah → Timothy) as if it could re-satisfy the four unities; unity of time is permanently broken by the inter vivos conveyance and cannot be restored by a return deed.
Why it's wrong
Treats the round-trip (Timothy → Hannah → Timothy) as if it could re-satisfy the four unities; unity of time is permanently broken by the inter vivos conveyance and cannot be restored by a return deed.
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