Question 86

Mike becomes a tenant in common with Bob and John as joint tenants

When Mike conveys his interest in the property to Sam, he severs the joint tenancy, resulting in Bob and John remaining joint tenants while Mike becomes a tenant in common with them.

A) Such a conveyance requires the prior approval of all of the joint tenants

This statement is incorrect because a joint tenant may convey their interest in the property without needing the consent of the other joint tenants. The conveyance by Mike does not depend on approval from Bob and John.

B) Bob and John can file suit to obtain Mike's interest in the property

This option is incorrect as well. Once Mike conveyed his interest to Sam, he no longer holds any stake in the joint tenancy with Bob and John; thus, a lawsuit to reclaim his interest would be unnecessary and unfounded.

C) Mike becomes a tenant in common with Bob and John as joint tenants

This statement is correct because upon Mike's conveyance of his interest to Sam, the joint tenancy is severed for Mike. He now holds his interest as a tenant in common with Bob and John, who remain joint tenants.

D) Bob, John, and Mike now hold title in severality

This option is incorrect. The conveyance by Mike does not convert the ownership into severalty; rather, Bob and John continue to hold their interests as joint tenants, while Mike's interest is now separate and held as a tenant in common with Sam.

Conclusion

The correct answer is option C, as it accurately reflects the legal consequence of Mike's conveyance of his interest to Sam. The other options incorrectly interpret the nature of joint tenancy and the implications of such a conveyance, failing to recognize that Bob and John remain joint tenants while Mike's interest changes to that of a tenant in common.