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.
    Prev
Home
Next

 

[ Home ]   [ Introduction and Philosophy ]  [ About CDB ]  [ Current  Topic ]
[
"Avoiding Lease-Drafting Pitfalls"]     [ Will Berry - More About  The Artist ]
[
TRELL ]   [ TRELL Q & A ] [ TRELL Index ][ Credits ]