Opening Arguments Getting Our Dramshop Act Together
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May 15, 2025 Join the hosts as they humorously delve into the legal intricacies of property ownership in divorce scenarios. Explore joint tenancy and co-tenancies, unraveling the automatic transfer of rights upon death. The discussion takes a twist with an engaging look at dram shop liability in drunk driving incidents, emphasizing personal responsibility. Personal anecdotes and playful banter keep the tone light while touching on serious topics. Fans will appreciate the lively interaction and community celebration sprinkled throughout the conversation!
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Joint Tenancy Right of Survivorship
- Joint tenancy features right of survivorship, meaning the surviving co-tenant automatically owns the entire property upon the other's death.
- This automatic transfer avoids probate and is limited to only two co-owners.
Severance Converts Joint Tenancy
- An inter vivos transfer by a joint tenant severs the joint tenancy and converts it into a tenancy in common.
- After severance, property no longer automatically passes to the surviving co-tenant upon death.
Types of Co-Tenancies
- Tenancy by entirety is exclusive to married couples and includes right of survivorship similar to joint tenancy.
- Tenancy in common is the default co-tenancy without survivorship and can involve multiple owners.