Description
This week you have learned about estates in land and concurrent ownership. These are very important concepts in real estate law.
Research your state law and indicate what type of law applies to married individuals in your state that own real estate together. (Are you a community property state?) Please cite your law.
Then, create a chart of the various types of ownership using the following as a guide:
Types of Ownership: How passes at death of a grantor? Unities, if any:
Tenants in Common
Joint Tenants
Tenants by Entirety
Community Property
Severalty
Explanation & Answer
Here we are buddy. if there is any correction do not hesitate to point out.
Real Estate Law 1
Real Estate Law
California Sate
The laws that guide the property ownership for married individuals include California Civil
Statutes of Limitations Laws, California Homestead Laws, California Leases and Rental
Agreements Law and California Deposit Security among others. In general terms, in community
property states, money acquired by either spouse during marriage or all property acquired with
those earnings are considered community property that is owned equally by husband and wife.
Similarly, debts incurred during the subsistence of marriage are generally debts of the couple. At
the death of one spouse, his or her half of the community property goes to the surviving spouse
unless he or she left a will that directs otherwise.
California statutory provision for community property, written in the dissent, is “Section 161a of
the California Civil Code, which was adopted in 1927. In the Civil Code of the State of
California . . . 1927, section 161a of the appendix is an amendment to an earlier law. Sections
159-181 in the main body of the Civil Code give the law antedating this amendment. Following
section 159, “Husband and wife
In order to trace the footsteps, first look up the Civil Code of the State of California,
1872. Section 164 of the code states: “All other property acquired after marriage, by either
husband or wife, or both, is community property. The first mention of community property
occurs in the California Constitution, 1849, Article XI. Sec. 14. The General Laws of the State of
California, from 1850 to 1864, Inclusive quotes the section:
“Husband and Wife
1
Real Estate Law 2
An Act defining the rights of husband and wife:
Passed April 17, 1850, 254. §3564....
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