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And no unity of instrumentBeaverHunter wrote:No, no unity of time.
Once again there is a very good chance that is not even marital property.BeachedBrit wrote:Now, what about if it was conveyed to a married person, but specific.
Ex.
O to A
A is married to B at the time of O to A
unless I miss something, I don't see how that would change the answer since the deed specifically says to A.BeachedBrit wrote:Now, what about if it was conveyed to a married person, but specific.
Ex.
O to A
A is married to B at the time of O to A
I don't think the bold part is true. Also, the unities do apply to tenancy by the entirety, or at least that's how my prof. taught.NJcollegestudent wrote:To the OP, a tenancy by the entirety is created when the original grantor re-conveys the property to the couple as such.
Unities are only for JT with right of survivorship, and in a tenancy by the entirety their comparable severing provisions are a divorce or if they sell to another.
target wrote:I don't think the bold part is true. Also, the unities do apply to tenancy by the entirety, or at least that's how my prof. taught.NJcollegestudent wrote:To the OP, a tenancy by the entirety is created when the original grantor re-conveys the property to the couple as such.
Unities are only for JT with right of survivorship, and in a tenancy by the entirety their comparable severing provisions are a divorce or if they sell to another.
If you made C a brother of A, then C might already have a living/breathing grandchild, so RAP will not apply.BeachedBrit wrote:That's what I was hoping for, just got out of an exam and either missed a lot of stuff on one of the big essay issue spotters or did pretty solidly, trying to confirm which. One more question...
Ex.
Father = A
Son #1 = B
Son #2 = C
Conveyance occurs through execution of A's will aka A just died.
A to B, but if B marries someone that isn't (insert religion here), then to C's grandchildren
After conveyance to B, he marries someone that isn't (insert religion here).
1) Traditional states - Class gift at end invalid because of RAP? Causes a fee simply absolute in B?
2) "wait and see" states - Just have to wait and see if class vests/closes?
Also, would it change it anything if you made C the brother of A, rather than the brother of B?
Okay, I see what you are saying now.NJcollegestudent wrote:target wrote:I don't think the bold part is true. Also, the unities do apply to tenancy by the entirety, or at least that's how my prof. taught.NJcollegestudent wrote:To the OP, a tenancy by the entirety is created when the original grantor re-conveys the property to the couple as such.
Unities are only for JT with right of survivorship, and in a tenancy by the entirety their comparable severing provisions are a divorce or if they sell to another.
What i stated is that they have their own little categories of unities that must be met. I do not remember my professor saying anything else.
EDIT: I now see your bolded portion. I think if they sell to another person, it is destroyed as a TBYE is only for married couples.
But to the OP's question, the main benefit of a TBYE, is for creditor protection, unless both tenants are joined in debt.
blowhard wrote:As to your first hypo, no unity. As to if they are married this would depend greatly by state. In PA, O to A...non marital property. O to A and B...automatic TBE if married unless specify otherwise in the instrument. In CA, I'm pretty sure it'd be TBE as both spouses own all.
The same unities apply to TBE with the addition of marriage.NJcollegestudent wrote:To the OP, a tenancy by the entirety is created when the original grantor re-conveys the property to the couple as such.
Unities are only for JT with right of survivorship, and in a tenancy by the entirety their comparable severing provisions are a divorce or if they sell to another.
I think the TBE still gets created in most...it's just whether it protects you from single spouse debtors or not. But that's good advice for everything.NJcollegestudent wrote:blowhard wrote:As to your first hypo, no unity. As to if they are married this would depend greatly by state. In PA, O to A...non marital property. O to A and B...automatic TBE if married unless specify otherwise in the instrument. In CA, I'm pretty sure it'd be TBE as both spouses own all.
I guess it varies widely by J. Our casebook noted many states have repealed this for abuse in that a debtor would convey their property to them and their spouse in TBYE and then be protected from seizure and liquidation.
Check your local listings i guess when you practice.
blowhard wrote:this would depend greatly by state.
Where is the RAP issue? B is a life in being at the time of the conveyance. If he does marry someone that isn't (insert religion here), it will be by the time he dies.BeachedBrit wrote:That's what I was hoping for, just got out of an exam and either missed a lot of stuff on one of the big essay issue spotters or did pretty solidly, trying to confirm which. One more question...
Ex.
Father = A
Son #1 = B
Son #2 = C
Conveyance occurs through execution of A's will aka A just died.
A to B, but if B marries someone that isn't (insert religion here), then to C's grandchildren
After conveyance to B, he marries someone that isn't (insert religion here).
1) Traditional states - Class gift at end invalid because of RAP? Causes a fee simply absolute in B?
2) "wait and see" states - Just have to wait and see if class vests/closes?
Also, would it change it anything if you made C the brother of A, rather than the brother of B?
If A's still alive:BeaverHunter wrote:Where is the RAP issue? B is a life in being at the time of the conveyance. If he does marry someone that isn't (insert religion here), it will be by the time he dies.BeachedBrit wrote:That's what I was hoping for, just got out of an exam and either missed a lot of stuff on one of the big essay issue spotters or did pretty solidly, trying to confirm which. One more question...
Ex.
Father = A
Son #1 = B
Son #2 = C
Conveyance occurs through execution of A's will aka A just died.
A to B, but if B marries someone that isn't (insert religion here), then to C's grandchildren
After conveyance to B, he marries someone that isn't (insert religion here).
1) Traditional states - Class gift at end invalid because of RAP? Causes a fee simply absolute in B?
2) "wait and see" states - Just have to wait and see if class vests/closes?
Also, would it change it anything if you made C the brother of A, rather than the brother of B?