Washington Law Review


Dale E. Kremer


The inter vivos rights and remedies among joint tenants with respect to their common property are in general the same as those of other co-owners of property. Differences become most apparent upon the death of one tenant. During the period when all of the joint tenants are alive, they are included in the general group, "cotenants," the term for co-owners of property, and their rights and remedies for the most part fall within the rules governing co-tenants. Some exceptions will be considered here. One difference between the rules governing joint tenants and those governing other co-owners is that while service of notice concerning the common property normally binds only the tenant in common who is served, service upon a joint tenant is notice to all of the tenants. Other differences center around the rule that cotenants of property are usually in a relationship of trust and have a fiduciary duty toward one another.

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