In 2016, John gifted a residential property to his son Jim, and his adult grandson Ben. Although not stated in the transfer documents, it was John's intention that Jim and Ben hold the property in joint. Jim was married to Claire at the time, but she subsequently initiated divorce proceedings in 2019. Two months later Jim and Ben tragically died in a motor vehicle accident. At the time of the accident, Jim and Claire were still living together in the house John gifted to Jim and Ben. Ben and his common law wife Jane were living in the basement of the home. In the accident Jim died immediately, but Ben died in the hospital, several hours later. Jim had willed his interest in the property to Claire, and Ben had willed his interest to Jane. On these facts, which of the following is true?

a. Claire and Jane now have a tenancy in common. However, Claire can exclude Jane from residing in the house because as Ben's common law spouse Jane was not entitled to dower rights.

b. Claire and Jane now have a joint tenancy in the house.

c. Jane gets ownership to the whole property, but Claire gets a life estate due to her dower rights.

d. Claire and Jane now have a tenancy in common.

e. Jane gets ownership to the whole property. Claire gets nothing because Jim and Claire were getting divorced.

Answer rating: 100% (QA)

d Claire and Jane now have a tenancy in common Explanation Althou... View the full answer