AL Bar Practice Questions - Alabama Bar Examination Exam

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Two co-tenants own a parcel as joint tenants with right of survivorship. One joint tenant conveys her interest to a third party during her lifetime. What is the effect on the joint tenancy under common-law principles tested on the MBE?

The conveyance is void and the joint tenancy continues unchanged The conveyance severs the joint tenancy as to that share, converting it into a tenancy in common with the third party The third party automatically becomes a joint tenant with right of survivorship The remaining joint tenant must consent before any conveyance is valid

Correct Answer:

The conveyance severs the joint tenancy as to that share, converting it into a tenancy in common with the third party

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