Study guide
1.4 Concurrent Ownership
California Bar Exam Exam
Track your progress as you read
Finished sections get a check mark.
1 Exam Format and Core Skills
California Bar Exam Blueprint: Subjects, Components, and Recent Changes Exam Format, Scoring, and the 1390 Passing Score Essay Strategy: Issue Spotting and IRAC Core Written Skills and Timing Strategy
2 Civil Procedure
Subject Matter Jurisdiction: Federal Question, Diversity, Supplemental, Removal Personal Jurisdiction, Long-Arm, Minimum Contacts, and Service of Process Venue, Transfer, and Forum Non Conveniens The Erie Doctrine and Choice of Law Pleadings, Rule 11, Amendments, and California Demurrers / Anti-SLAPP Joinder of Claims and Parties, Impleader, Intervention, Interpleader Class Actions (Rule 23 and California) Discovery: Scope, Devices, Privilege, and Sanctions Pretrial Adjudication: Dismissals, Default, and Summary Judgment Trial, Jury, Judgment as a Matter of Law, and Post-Trial Motions Appeals, the Final Judgment Rule, and Claim/Issue Preclusion
3 Constitutional Law
Judicial Review, Justiciability, Standing, Ripeness, Mootness, and Political Questions Federal Legislative Power: Commerce, Taxing & Spending, and the Tenth and Eleventh Amendments Separation of Powers: Executive, Legislative, and Judicial Authority Federalism, Supremacy, Preemption, the Dormant Commerce Clause, and Privileges & Immunities State Action and Congressional Enforcement of the Reconstruction Amendments Procedural Due Process Substantive Due Process and Fundamental Rights Equal Protection and Levels of Scrutiny First Amendment: Speech, Press, Forums, and Association First Amendment Religion Clauses and the Takings Clause
4 Contracts
Applicable Law: Common Law vs. UCC Article 2 and Mixed Contracts Mutual Assent: Offer, Acceptance, Mailbox Rule, and UCC 2-207 Consideration, Bargained-for Exchange, and Promissory Estoppel Defenses to Formation: Capacity, Mistake, Misrepresentation, Duress, Unconscionability The Statute of Frauds Parol Evidence Rule and Contract Interpretation Conditions and Performance: Express, Constructive, and Substantial Performance Breach, Anticipatory Repudiation, and the Perfect Tender Rule Excuse of Performance: Impossibility, Impracticability, and Frustration UCC Warranties and Risk of Loss Third-Party Beneficiaries, Assignment, and Delegation Contract Remedies and UCC Buyer/Seller Remedies
5 Criminal Law and Procedure
Actus Reus, Mens Rea, Concurrence, and Causation Accomplice Liability and Parties to Crime Inchoate Crimes: Attempt, Conspiracy, and Solicitation Homicide: Murder, Manslaughter, Felony Murder, and California Degrees Other Crimes Against the Person: Assault, Battery, Kidnapping, and Sex Offenses Property and Theft Crimes: Larceny, Embezzlement, Robbery, Burglary, Arson Criminal Defenses: Insanity, Intoxication, Self-Defense, Duress, Necessity, Mistake Fourth Amendment: Searches, Seizures, Warrants, and Exceptions The Exclusionary Rule, Standing, and Fruit of the Poisonous Tree Fifth Amendment: Miranda, Self-Incrimination, and Double Jeopardy Sixth Amendment: Right to Counsel, Confrontation, Speedy Trial, and Jury Pretrial Identifications, the Eighth Amendment, and Trial Rights
6 Evidence
Relevance: Logical and Legal, Rule 403, and California Proposition 8 Policy-Based Exclusions: Subsequent Remedial Measures, Settlements, Insurance, Pleas Authentication and the Best Evidence Rule Witness Competency, Personal Knowledge, and Examination Impeachment of Witnesses Lay and Expert Opinion Testimony (Daubert and California Kelly/Sargon) Character Evidence and Other Acts (MIMIC) Habit and Methods of Proving Character Hearsay: Definition, Non-Hearsay, and Exemptions Hearsay Exceptions: Availability Immaterial (FRE 803) Hearsay Exceptions Requiring Unavailability (FRE 804) and the Confrontation Clause Privileges, Judicial Notice, and Presumptions (Federal and California)
7 Real Property
1.1 Estates in Land 1.2 Future Interests 1.3 Rule Against Perpetuities 1.4 Concurrent Ownership 1.5 Landlord-Tenant Law 1.6 Easements and Servitudes 1.7 Covenants Running with Land 1.8 Recording Acts and Title 1.9 Mortgages 1.10 Land Use Regulation Adverse Possession and Rights Incident to Ownership Land Sale Contracts, Marketable Title, and Risk of Loss Deeds, Delivery, Warranties of Title, and Fixtures
8 Torts
Intentional Torts Against the Person: Battery, Assault, False Imprisonment, IIED Intentional Torts to Property and Defenses/Privileges Negligence: Duty and the Standard of Care Negligence: Breach, Res Ipsa Loquitur, and Negligence Per Se Causation: Actual and Proximate Cause Negligence Damages and Defenses: Comparative Fault and Assumption of Risk Strict Liability: Animals and Abnormally Dangerous Activities Products Liability Private and Public Nuisance Defamation Invasion of Privacy, Misrepresentation, and Economic Torts Vicarious Liability, Joint Tortfeasors, and Immunities
9 Business Associations
Agency: Formation, Actual and Apparent Authority, and Ratification Agency: Principal/Agent Duties, Respondeat Superior, and Tort Liability General Partnerships: Formation, Rights, and Partnership Property Partnership Liability, Fiduciary Duties, Dissociation, and Dissolution Limited Partnerships, LLPs, and LLCs Corporations: Formation, Promoters, and Piercing the Corporate Veil Corporate Finance: Stock, Securities, Dividends, and Distributions Directors and Officers: Fiduciary Duties, the Business Judgment Rule, and Indemnification Shareholders, Derivative Suits, Fundamental Changes, and Federal Securities (10b-5, 16(b))
10 Community Property
General Principles, the Community Estate, and Marital Economic Community Characterization: Separate vs. Community Property and Presumptions Tracing and Commingling (Exhaustion and Direct Tracing) Transmutation and Premarital/Marital Agreements Special Assets: Businesses (Pereira/Van Camp), Goodwill, Education, Pensions, Disability Management, Control, and Spousal Fiduciary Duties Debts and Creditors' Rights Distribution at Dissolution and Death; Quasi-Community Property
11 Professional Responsibility
Regulation of the Profession, Admission, and Discipline (California Rules vs. ABA Model Rules) Competence, Diligence, Communication, and Scope of Representation Confidentiality and Its Exceptions (California vs. ABA) Conflicts of Interest: Current Clients Conflicts: Former Clients, Imputation, and Business Transactions Fees, Client Trust Accounts (IOLTA), and Safekeeping Property Duties to the Court and Third Parties: Candor, Advocacy, and Fairness Forming, Declining, and Terminating the Attorney-Client Relationship Advertising, Solicitation, and the Unauthorized Practice of Law Judicial Ethics, Reporting Misconduct, and Special Prosecutor Duties
12 Remedies
Compensatory Damages: Causation, Foreseeability, Certainty, and Mitigation Punitive, Nominal, and Liquidated Damages Restitution and Unjust Enrichment Constructive Trust and Equitable Lien Injunctions: Temporary Restraining Orders, Preliminary, and Permanent Specific Performance Reformation, Rescission, and Cancellation Equitable Defenses, Declaratory Relief, and Remedy Selection
13 Trusts
Trust Creation, Required Elements, and Types of Trusts Charitable Trusts, Cy Pres, and the Rule Against Perpetuities in Trusts Trustee Powers and Trust Administration Trustee Duties: Loyalty, Prudent Investor, and Impartiality Beneficiary Rights and Principal/Income Allocation Spendthrift, Discretionary, and Support Trusts; Creditors' Rights Modification and Termination of Trusts Breach of Trust, Remedies, and Will Substitutes (Totten, POD, Revocable Trusts)
14 Wills and Succession
Intestate Succession and California Distribution Will Execution and Formalities (Attested and Holographic; California) Testamentary Capacity, Undue Influence, Fraud, Duress, and Mistake Will Components: Integration, Incorporation, Acts of Independent Significance, and Pour-Over Revocation, Revival, and Dependent Relative Revocation Lapse, Anti-Lapse, Class Gifts, Ademption, Abatement, and Exoneration Protection of the Family: Omitted Spouse and Child, Pretermitted Heirs Will Contests, Standing, and No-Contest Clauses Probate Administration, Powers of Appointment, and Will Substitutes
15 Performance Test
The Performance Test: Task Memo, File, and Library Objective PT Products: Memos, Briefs, and Client Letters Persuasive PT Products and 90-Minute Execution
1.4 Concurrent Ownership
Key Takeaways Explain This Topic AI
Tenancy in common is the default co-ownership form with no right of survivorship
Joint tenancy requires the four unities (TTIP) and has right of survivorship
Tenancy by the entirety is reserved for married couples and cannot be unilaterally severed
A joint tenant can sever the joint tenancy by inter vivos conveyance, creating tenancy in common
- Co-tenants have rights to share rents and may seek partition
- Last updated: June 2026
When two or more persons share ownership of property simultaneously, they hold as co-tenants . Each co-tenant has an undivided right to possess the entire property.
- Types of Concurrent Estates
- 1. Tenancy in Common
The tenancy in common is the default form of concurrent ownership in most jurisdictions.
Characteristics:
- No right of survivorship : Each tenant's interest passes through their estate at death
- Only unity of possession required : Each tenant has right to possess the whole
- Freely transferable : Can be conveyed, devised, or inherited
- Unequal shares permitted : Tenants may own different fractional interests
Example : O conveys "to A and B." Without additional language indicating joint tenancy, A and B hold as tenants in common.
2. Joint Tenancy
A joint tenancy includes a right of survivorship : when one joint tenant dies, their interest automatically passes to the surviving joint tenant(s).
The Four Unities (TTIP):
- Unity Requirement
- Time All interests acquired simultaneously
- Title All acquired through same instrument
- Interest All have equal shares and same type
- Possession All have right to possess whole
Creation Language : "to A and B as joint tenants with right of survivorship" or similar express language. Some jurisdictions require specific survivorship language.
Modern Trend : Many jurisdictions allow a sole owner to create a joint tenancy by conveying directly to themselves and another, without the traditional requirement of using a "straw man" intermediary.
3. Tenancy by the Entirety
Available only to married couples in jurisdictions that recognize it. Functions similarly to joint tenancy but with additional protections.
Characteristics:
- Right of survivorship : Surviving spouse takes entire property
- Cannot be unilaterally severed : Neither spouse can transfer their interest alone
- Protected from individual creditors : Creditors of one spouse generally cannot reach the property
- Requires five unities : Time, Title, Interest, Possession + Marriage
Severance : Only by:
- Mutual agreement and joint conveyance
- Divorce (converts to tenancy in common)
- Death of one spouse
- Severance of Joint Tenancy
A joint tenancy can be converted to a tenancy in common through severance:
Acts That Sever
Act Effect
Inter vivos conveyance Severs as to conveying tenant; new owner holds as tenant in common with remaining joint tenants
- Mortgage (Title Theory) Severs joint tenancy by transferring legal title to mortgagee
- Mortgage (Lien Theory) Does NOT sever—mortgage is only a lien
- Lease Jurisdictions split on whether this severs
- Contract to sell May create equitable conversion that severs
- Murder of co-tenant Jurisdictions vary; some prevent murderer from taking by survivorship
- Acts That Do NOT Sever
- Devise in will (right of survivorship defeats will)
- Secret intent to sever
- Mortgage in lien theory state (unless foreclosed)
- Filing a partition action (severance occurs only upon final judgment)
- Negotiations to sell or partition
- Murder of Co-Tenant
When one joint tenant murders another, jurisdictions handle survivorship differently:
- Approach Effect
- Constructive Trust Murderer holds legal title but as constructive trustee for victim's estate
- Severance at Death Murder severs joint tenancy; murderer takes only their 1/2 as TIC
- Statutory Forfeiture Murderer forfeits entirely; victim's estate takes all
Most jurisdictions prevent the murderer from profiting through the "slayer statute" or equitable principles.
- Rights and Duties of Co-Tenants
- Possession
- Each co-tenant has right to possess the entire property
- No co-tenant may exclude another from any part
- Ouster
If one co-tenant wrongfully excludes another from possession:
- Ousted tenant may recover for lost rental value
- Ousted tenant may recover for exclusive use by possessing tenant
- Rents and Profits
- Out-of-possession tenant entitled to share of net rents from third parties
- Generally no duty to pay rent to other co-tenants for personal occupancy (absent ouster)
- Expenses
- Expense Type Contribution Rights
- Necessary repairs Modern trend: Can seek contribution if notified other co-tenants
- Improvements No right to contribution (may receive credit in partition)
- Taxes/Mortgage Co-tenant in sole possession: Credit only for amounts exceeding rental value
- Partition
Any co-tenant can seek judicial partition :
- Partition in kind : Physical division preferred if practical
- Partition by sale : Property sold, proceeds divided proportionally
- Comparison Chart
- Feature Tenancy in Common Joint Tenancy Tenancy by Entirety
- Right of Survivorship No Yes Yes
- Unities Required Possession only TTIP (4) TTIP + Marriage (5)
- Unilateral Severance N/A Yes No
- Creditor Access Yes Yes (to tenant's share) No (individual creditors)
- Creation Default Express language Married couples
- Exam Application Checklist
Use this section as an issue-spotting checklist, not just a memorization page. The California Bar usually tests 1.4 Concurrent Ownership through facts that force you to choose between two nearby doctrines. Your job is to identify the legally important distinction, state the rule cleanly, and then show why the facts fit or do not fit each element.
Trigger to notice How to analyze it
Tenancy in common is the default co-ownership form with no right of survivorship Apply the element carefully to the facts before reaching a conclusion. Ask who benefits, who is burdened, what timing or document changes the rule, and what remedy or procedural result follows.
Joint tenancy requires the four unities (TTIP) and has right of survivorship Apply the element carefully to the facts before reaching a conclusion. Ask who benefits, who is burdened, what timing or document changes the rule, and what remedy or procedural result follows.
Tenancy by the entirety is reserved for married couples and cannot be unilaterally severed Apply the element carefully to the facts before reaching a conclusion. Ask who benefits, who is burdened, what timing or document changes the rule, and what remedy or procedural result follows.
A joint tenant can sever the joint tenancy by inter vivos conveyance, creating tenancy in common Apply the element carefully to the facts before reaching a conclusion. Ask who benefits, who is burdened, what timing or document changes the rule, and what remedy or procedural result follows.
Worked Hypothetical
A strong answer handles both the helpful and harmful facts. If the question gives a fact supporting Tenancy in common is the default co-ownership form with no right of survivorship, write the rule and apply that fact directly. If it also gives a fact pointing toward Joint tenancy requires the four unities (TTIP) and has right of survivorship, do not ignore it; explain whether it changes the element, creates an exception, supplies a defense, affects admissibility, changes the forum, or only changes the remedy.
If the fact pattern includes Tenancy by the entirety is reserved for married couples and cannot be unilaterally severed, identify whether that issue is a threshold question or something analyzed after liability. Finally, use A joint tenant can sever the joint tenancy by inter vivos conveyance, creating tenancy in common to decide the likely result.
Model Answer Paragraph
Use compact paragraphs: “The issue is whether the rule for Tenancy in common is the default co-ownership form with no right of survivorship applies. The rule requires [elements]. Here, [fact] supports the first element because [reason]. However, [counterfact] may trigger Joint tenancy requires the four unities (TTIP) and has right of survivorship because [reason]. Therefore, [result], subject to [exception/remedy].” This format is deliberately plain. It gives graders visible rule statements, visible fact application, and a conclusion without burying the answer in outline prose.
Multiple-Choice Tip
For MBE subjects, rewrite missed answer choices in the same structure. Identify why the correct answer resolves the disputed element and why each wrong answer is too broad, uses the wrong rule system, skips an exception, assumes a missing fact, or gives the wrong procedural/remedial consequence. For written-only subjects, turn each missed issue into a one-line rule card plus a two-sentence mini-application.
Self-Test
Before leaving this section, you should be able to list the elements from memory, name one exception or defense, identify the most likely California distinction if the subject calls for one, and explain what remedy, motion, evidentiary ruling, property result, fiduciary remedy, disciplinary consequence, or distribution consequence follows. If you can only recognize the doctrine after seeing the answer, do more practice before moving on.