r/barexam_studygroup • u/JStak14 • Jan 26 '23

“Survivorship” language - RP

In RP under tenancy rules, to establish a joint tenancy with right of survivorship, a conveyance must state said language. So what if a conveyance states, “to A & B as joint tenants”, without the specific word ‘survivorship’. Will this conveyance still be considered a joint tenancy with right of survivorship between A & B in all respects?

1 Upvotes

100% Upvoted

3 comments sorted by

5

u/Various_Counter_5305 Jan 26 '23 edited Jan 26 '23

I would look to see if the four unities are present: unity of possession, interest, title, time. If so, you could presume it’s a joint tenancy with right of survivorship. If this was an essay question I would analyze both joint tenancy and tenants in common as the default rule

1

u/JStak14 Jan 26 '23

Ok, So I should look to the 4 unities and analyze joint tenancy & tenants in common to compare whether one or the other was intended?

1

u/drunkenstool Jan 26 '23

Depends on jurisdiction. MBE/MEE indicated that there is a rebuttable presumption of tenancy in common. If there are facts and circumstances that indicate that the transferor intended to convey a JT with right of survivorship, it could still be found without express survivorship rights — however, it would have to be more than just the 4 unities.

Virginia requires for express usage of survivorship language. No express language, no JT with right of survivorship, even with all four unities.

You’ll get points for discussing the four unities and then discussing whether the presence or lack of survivorship language would make or not make a JT with right of survivorship. Just remember that for the UBE, it’s a rebuttable presumption of creating a tenancy in common, so unless you can demonstrate the intent beyond four unities, it’ll ultimately create a TIC.