hard · National Real Estate Exam property-ownership
Two siblings hold title as joint tenants with right of survivorship. Sibling X, without sibling Y's knowledge, executes and records a deed conveying X's interest to a straw party, who immediately reconveys the same interest back to X. X then dies, leaving a will devising 'all my real property' to a charity.
What does the charity receive in this parcel?
- A one-half interest as tenant in common, because X's secret conveyance and reconveyance severed the joint tenancy, converting X's share into a devisable tenancy-in-common interest
- Nothing, because the right of survivorship vested Y with the entire parcel the instant X died, regardless of X's prior intervening lifetime conveyances of that interest
- A one-half interest as a joint tenant with Y, because the straw-party transaction simply returned X to record title in the identical capacity and undivided share originally held
- Nothing, because a conveyance to a straw party and an immediate reconveyance back is a sham lacking real consideration and is therefore legally void, so the joint tenancy remains intact
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