Concurrent Estates
Real Property · Lesson 08
Concurrent Estates
這一課問的是：共有人究竟持有哪一種共有產權？這個分類決定了「死亡後是否自動轉移給共有人」與「能否要求分割」。
Actor
Act
Object
Standard
Consequence
Issue · what this lesson is really about
What type of concurrent estate do the co-owners hold — tenancy in common, joint tenancy, or tenancy by the entirety — and how does that classification control survivorship and partition?
這一課問的是：共有人究竟持有哪一種共有產權？這個分類決定了「死亡後是否自動轉移給共有人」與「能否要求分割」。
Trigger words & phrases that should flag this issue:
jointlywith right of survivorshiphusband and wifejointly heldtenants in common
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
tenancy in common
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Default concurrent estate; no survivorship; freely transferable.
共有：無生存權；可自由處分。
joint tenancy
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Concurrent estate with right of survivorship; requires 4 unities.
聯合共有：有生存權；須具四同合。
right of survivorship
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Surviving JT takes the deceased's interest automatically.
生存權。
four unities
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Time, title, interest, possession.
四同合：時間、文書、權益、占有。
tenancy by the entirety
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JT between spouses with additional protection against unilateral severance.
夫妻共有：兼具 JT 與夫妻保護。
severance
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Act destroying a unity converts JT to TIC.
破壞同合：使 JT 轉為 TIC。
partition
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Court-ordered division of co-owned property.
分割。
Rule Sentence · the workhorse
Concurrent estates differ by classification: tenancy in common (default; no survivorship; freely transferable), joint tenancy (right of survivorship requiring the four unities), and tenancy by the entirety (joint tenancy between spouses with added protection); any cotenant in TIC or JT may seek partition.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人co-owners共有人
Act 行為holding undivided shares持有未分割份額
Object 對象real property不動產
Standard 法律標準TIC / JT / TBE classification三類共有
Consequence 後果survivorship + partition rights生存權 + 分割權
Casebook Snapshot · a real American case
Riddle v. Harmon
Holding. A joint tenant may unilaterally sever a joint tenancy by conveying her interest to herself, eliminating the right of survivorship without resort to a strawman. The severing tenant's interest becomes a TIC; the other tenant's JT interest may remain.
Why it matters. Modernized severance: no straw needed. A JT can be quietly broken by self-conveyance.
JT 共有人可單方以自身為受讓人切斷 JT。
Common Mistakes · what trips students
✗ 「joint tenancy」是默認共有形態。
✓ Default is TIC, not JT.
默認為 TIC。
✗ JT 之一方死亡後，其份額進入遺產。
✓ JT survivor takes by operation of law, NOT inheritance.
JT 之份額由生存者依法取得，非繼承。
✗ TBE 可由一方單獨處分。
✓ TBE requires joint action; survivorship between spouses.
TBE 須夫妻共同處分。
✗ partition 必然導致物理分割。
✓ Partition in kind preferred; partition by sale if necessary.
原物分割優先；不能則拍賣。
Mini IRAC · build the Application
Issue. When two friends take title "as joint tenants with right of survivorship," and one later sells her interest to a third party without the other's knowledge, what type of estate results?
Rule. Severance of any of the four unities converts a joint tenancy into a tenancy in common as to the affected interest.
Application (model). A and B took as joint tenants with right of survivorship; A later sold A's undivided one-half interest to X without B's consent. Because severance of any of the four unities converts a JT to a TIC as to the affected share, the fact that A's conveyance to X destroyed the unities of time and title between B and the new co-owner means B's relationship with X is no longer a JT.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, B and X hold as tenants in common; the right of survivorship between B and X is destroyed.
MBE Check · multiple choice
A, B, and C hold Blackacre as joint tenants. A sells her one-third interest to X. What is the new status?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: