Mr and Mrs

question 126

Multiple Choice

Mr. and Mrs. Dunn divorced and Mr. Dunn applied for a division of the matrimonial home in which they were joint tenants. Mr. Dunn died before the matter was settled. In Dunn Estate v. Dunn, the issue was whether the home was part of Mr. Dunn's estate, or whether it passed by survivorship to Mrs. Dunn. What did the court find?

• A) The home passed to the wife. A joint tenancy, if properly created, cannot be severed.
• B) The home was part of the estate. The divorce was enough to sever the tenancy.
• C) The home was part of the estate. The commencement of a matrimonial property action was enough to sever the tenancy.
• D) The home passed to the wife. Neither divorce or commencement of a matrimonial property action was enough to sever the tenancy.
• E) The home was part of the estate. A joint tenancy is instantly severed by the death of either joint tenant.

Realize the ethical and legal responsibilities in sales.

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Definitions:

Uncontrollable Impulse Rule

A legal defense arguing that a defendant was unable to control their actions due to an overwhelming impulse, leading to criminal behavior.

Durham Rule

A legal standard used to determine insanity, which states that a defendant is not criminally responsible if their unlawful act was the product of mental disease or defect.

American Law Institute (ALI) Rule

A guideline used in the legal system that includes considerations of mental illness in the determination of criminal responsibility.

Insanity Defense

A legal defense asserting that a defendant was unable to understand the nature of their actions or distinguish right from wrong due to mental illness.