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Legal Property Discussion

In: Business and Management

Submitted By SVDSINR
Words 996
Pages 4
BUSI561
DB Initial Post #3

Given the highly unusual and extremely unfortunate circumstances of our client, we will analyze each situation as pertaining to our client’s property rights. We will focus on co-ownership of real property, joint tenancy of real property, ownership and transfer of personal property, and eminent domain pertaining to the involuntary transfer of real property. Our goal as a Christian law firm is to provide insightful and useful information pertaining to the legal matter, while continually striving to seek the will of God for the benefit of His glory. The first issue we will analyze deals with our client’s joint tenancy and ownership of the mountain property. Our client has indicated that 31 years ago he entered into a joint tenancy co-ownership with three friends whom are now deceased. To review, a co-ownership gives equal ownership to multiple parties, allowing all parties equal rights to occupy the property (Kubasek, 2012). A joint tenancy agreement is a form of co-ownership giving equal rights to all parties involved in the agreement (Kubasek, 2012). Under a joint-tenancy, owners are permitted to sell their shares without notifying the other parties, creditors can are permitted to attach owner’s interest to the property, and when an owner dies their interest will be equally redistributed to the remaining parties in the joint tenancy (Feinman, 2000). In the mountain property dispute, the joint tenancy resolution revolves around the fact that the client’s friend, Andy, did not sell his property interest to his son, Opie. Under a joint tenancy, Opie cannot inherit the property interest regardless of what is written in Andy’s will. Only in a tenancy in common would this be permissible. Due to the fact that Andy did not sell Opie the property interest, our client retains full ownership of the mountain property in relation to Opie’s claim…...

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