| DATE: |
04/11/00 |
|||
|---|---|---|---|---|
| SUBJECT/TOPIC: |
JOINT TENANCY | |||
| Q: | How do you create an estate in real property
wherein the current fee simple owner desires to add
another person, other than his or her spouse, on
title and annex the right of survivorship? Is it
necessary to use a "straw"deed to preserve the
unities of time, title, interest and possession? The
cases hold that since joint tenancy is abolished the
unities of title are academic. Some lawyers,
however, are emphatic that a "straw man" deed must
be used. Why would you need to use a "straw"
deed? |
|||
| A: | Thanks for your question. I haven't looked at the
joint tenancy/tenancy in common with right of
survivorship cases recently, but as I recall your view
is correct. Having said that, I think I would still use a
straw man. I think that whenever lawyers
vehemently disagree, it's easier in the long run to take the more conservative course. |
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