A man and a woman, who are not married to each other, own a parcel of land as joint tenants with rights of survivorship. The man wants to improve the land by borrowing money and giving a mortgage on the man’s and the woman’s interest in the land to secure the obligation.
If the man brings a petition in a court of competent jurisdiction for authority to encumber the land to the extent necessary to finance the improvement:
A. The petition will be denied.
B. The petition will be granted.
C. The issue cannot be resolved without a preliminary determination of whether the mortgage will unreasonably encumber the woman’s interest in the property.
D. The issue cannot be resolved without a preliminary determination of whether the land can be used economically in its present state.
{ 9 comments }
