PROPERTY LAW ASSIGNMENT

Property Law Assignment

Property Law Assignment

Question 1

Since it is known that the married couples usually share most of their valuable things, if not all together. The case given for analysis also shows that Brad and Angelina purchased a home. This home was registered in the joint names of Angelina and Brad both. Brad and Angelina were having some problem in their relation due to which Brad left the home and started to live with Jenifer in a new home. Angelina kept on living in the home which was registered in the name of Brad and Angelina. After some time Brad had an accident and he died. It was written I his will that whatever is the share of Brad should be divided among Jenifer and Brad's two children from Angelina. There are various laws formed regarding the share of the wife in husband's property. Around the globe property laws vary from country to country. In the case of Angelina, she can take the help of the common law to get her share.

The common law states the rights and ownership of wife and husband over the property registered in both of their names. It is very easy to tell the things owned by the spouse. It is stated in the law that if there is a title paper, a registration document or a deed in which only husband's or the wife's name is mentioned than it will be solely owned by the person on whose name the papers are. But if this is the case that the husband and wife both have their names on the deed or registration documents than the property ownership is entitled to be different. The freedom to leave, give away or to withdraw the name depends entirely on the will of the spouse. If the property is owned in the verge of tenancy by the entirely or joint tenancy with the right of survivorship than it is written in the law that the property will be automatically transferred to the spouse who is surviving when one of the spouse dies. This law also says that no matter what ever the will of the deceased spouse say the property will be automatically transferred to the surviving spouse (Cheeseman, 2010, pp. 121-127).

It is also said that if the property is owned in the law of tenancy in common than the case is different. In this case one of the spouses can leave the half interest to any other person other than the spouse only on the wish of spouse. In this case Angelina should not leave her claim on the house as the house is been registered on both Angelina and Brad's name. She is having all the legal power that only she is the legal heir of Brad's property. But if the case was different and the hose was registered in the name of Brad only than Angelina would not be having the direct claim on the property of ...