Question

Mr. and Ms. Kingsley owned acre as joint tenants in fee simple absolute. Ms Kingsley secretly conveyed her interest to herself in an instrument that added, "I hereby terminate the joint tenancy in Black-acre with Mr. Kingsley." Ms. Kingsley thereafter leased a portion of the property to Mr. Matthew, over the objections of Mr. Kingsley for Mr. Matthew to use for holding boxing matches. Their lease provided that Mr. Matthew would pay $1000.00 on the first day of each month during which he was permitted to use the property. Mr. Kingsley demanded from Ms. Kingsley one-half of the rents received from Mr. Matthew.

Required:
Describe the property relations between the parties and Mr. Kingsley's rights and remedies.​

Answer 1

Mr. and Ms. Kingsley as Joint Tenants

1. Property Relations between Mr. and Ms. Kingsley: The titles show that the Kingsleys are living together but not married partners. However, the Black-acre is jointly owned by these partners. Each has equal rights and obligations over the acre. Ms. Kingsley does not have absolute right to sell or lease any part of the acre without the consent of Mr. Kingsley or without obtaining a court permit to sell or lease, especially upon Mr. Kingsley's objections. She also lacks the legal right to secretly "terminate the joint tenancy in Black-acre" without the knowledge of Mr. Kingsley or without going through the applicable court process.

2. Mr. Kingsley's Rights and Remedies: Having leased a portion of the acre to Mr. Matthew, Mr. Kingsley is entitled to half of the monthly lease payments. He also has the right to demand from Ms. Kingsley one-half of the rents from the lease. He can, in the absence of Ms. Kingsley's refusal, initiate a court process to enforce his joint-tenancy rights.

Step-by-step explanation:

Joint-tenancy can exist between Mr. Kingsley and Ms. Kingsley, whether they are legally married or not. Joint-tenancy can also exist between two or more parties without the intention of marriage. The term is a legal term that describes an equally shared ownership interest in a property. Joint-tenancy deeds are established in order to avoid the need for a probate in the case of a party's death.