Duhaime's Law Dictionary


Concurrent Estates Definition:

Property interests owned by two or more persons at the same time.

Related Terms: Joint Tenancy

Estates in property, usually land, which run at the same time, often distinguished from successive estates, which run the one after the other.

Examples of concurrent estates are joint tenancy, tenancy by the entirety and tenancy in common.

In a joint tenancy, all the joint tenants have equal and rights in the property at the same time: concurrent estates.

During a marriage, in many jurisdictions, marital property belongs to both spouses at the same time; their property rights on the marital property until and unless they separate, divorce or the marriage ends by death, being equal and co-existent: concurrent estates.

Further, where a Will provides a life estate to A but the property is to vest in B on the death of A (a remainder), A and B have concurrent estates on the property: each with some property rights.

Concurrent estates end when the property is severed or partitioned except for tenancies by the entirety which are, by design, particularly challenging to end, partition or sever.

REFERENCES:

  • English, John, Concurrent Estates in Real Property, 11 Cath. U. L. Rev. 63 91962)

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