ND Bar Practice Questions - North Dakota Bar Examination Exam

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Two people take title to North Dakota real property 'as joint tenants with right of survivorship.' One joint tenant sells her interest to a third party. What is the effect on the joint tenancy?

The sale severs the joint tenancy as to the conveyed interest, and the buyer holds as a tenant in common with the remaining owner The buyer becomes a joint tenant with the remaining original owner The sale is void because joint tenants cannot convey The remaining owner automatically takes the entire property

Correct Answer:

The sale severs the joint tenancy as to the conveyed interest, and the buyer holds as a tenant in common with the remaining owner

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