Harry bought a home in 1990 after his first wife died. When he began cohabiting with Alicia, he changed his will, stipulating that upon his death, Alicia could live in the home as long as she wished. But if she left the home or died, the home ownership would revert equally to his surviving children (currently there are four) from his first marriage. Alicia wants to take down a barn on the property and build a new one, which Harry’s children do not want. The children feel the new barn will devalue the property because in their opinions the barn has an unsightly design.
Checklist:
Describe Alicia’s type of property ownership.
Describe Harry’s children’s type of property ownership.
Explain what Alicia’s rights are, if any, with respect to what she wants to do with the barn.
Explain what Harry’s children’s rights are with respect to what Alicia wants to do with the barn.
Explain the unity of time, title, interest, and possession that exists, or does not exist, in the scenario and explain why it exists or does not exist.
Explain how, upon inheriting the property from Alicia, the children can establish joint tenancy.
