Wednesday, February 22, 2012

Hines on Joint Tenancies

N. William Hines (Dean Emeritus, Iowa) has posted Joint Tenancies in Iowa Today.  The abstract:

This paper updates the author's extensive earlier research on Iowa joint tenancies, which was published in the 1960s. The earlier research revealed that, while joint tenancy law had changed very little in the past five hundred years, patterns of joint tenancy usage had expanded greatly, particularly in property holdings by married couples.

This paper traces the changes in Iowa joint tenancy law since the 1960s. It posits that, in respect to joint tenancies in real property and tangible personal property, the law has changed very little, except for adoption of an "Intent" analysis to replace the former "Four Unities" test for determining severance issues. Far greater change is observed, however, in the Iowa law governing joint and survivor accounts with financial institutions. With respect to such joint and survivor accounts, the author suggests how the law might still be improved to make such accounts more effective in achieving the goals of the parties who create them.

A helpful study from one of the great senior scholars of property law.

Matt Festa

http://lawprofessors.typepad.com/land_use/2012/02/hines-on-joint-tenancies.html

Property Rights, Scholarship, State Government | Permalink

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