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Authors

Taylor Mattis

Document Type

Article

Media Type

Text

Abstract

This article calls for legislation to address two joint tenancy problems. First, either joint tenant may sever inter vivos and destroy the right of survivorship, without the knowledge of the other. Notice should be required to effectuate a voluntary, unilateral severance, so that survivors will not be surprised. Second, the interest of one joint tenant is not mortgageable as a practical matter, because the lien does not survive the mortgaging joint tenant. To prevent otherwise unnecessary severance to achieve mortgageability, legislation should provide for the survival of the lien if notice is given to the non-mortgaging joint tenant.

First Page

41

Last Page

60

Publication Date

11-1-1987

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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