Also known as: joint properties · jointly owned property
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Co-ownership of property by two or more persons. Such ownership alone does not create a partnership even when the owners share profits derived from the property.
Co-ownership of property by two or more persons. Such ownership alone does not create a partnership even when the owners share profits derived from the property.
Select any source to read its text and confirm it supports the definition.
Property held jointly by spouses. Statutes that assign unilateral control over such property to husbands on the basis of gender violate the Equal Protection Clause.
Select any source to read its text and confirm it supports the definition.
Property held jointly by spouses. Statutes that assign unilateral control over such property to husbands on the basis of gender violate the Equal Protection Clause.
Each sense below has its own examples, sources, and questions.
Beth and Max purchased a combine harvester as tenants in common and rented it seasonally to neighboring farms. They divided net rental income after expenses but maintained separate farming operations and never agreed to share losses. Beth seeks a declaration that no partnership exists.
Two states claimed overlapping territory as joint property acquired through federal compromise. One state attempted to treat the land as partnership assets for development purposes. The court rejected that characterization and treated the claims as separate sovereign interests.
Former romantic partners held household goods as joint property after separation. One sought partition of the items. The court permitted the action because joint ownership alone supplied the basis for equitable division without any partnership requirement.
Two individuals held real estate in joint tenancy. One conveyed an interest without the other's consent. The court examined whether the conveyance severed the joint tenancy while recognizing that the underlying co-ownership remained joint property rather than a partnership asset.
No. The Uniform Partnership Act expressly provides that joint tenancy, tenancy in common, or part ownership does not by itself establish a partnership even when co-owners share profits from the property.
Supporting sources
Sharing profits alone is insufficient. Additional facts showing an agreement to carry on a business as co-owners for profit are required before courts will find a partnership rather than mere co-ownership.
Supporting sources
Spouses held business earnings as joint property. One spouse tried to assign all future income to the other for tax purposes. The arrangement failed because joint ownership did not permit unilateral recharacterization of the property interests.
A married couple jointly owned a dealership. State law permitted only the husband to encumber the joint property. The wife challenged the statute after her husband pledged assets without her consent. The court applied intermediate scrutiny to the gender classification.
No. Such statutes create facial gender classifications that fail intermediate scrutiny under the Equal Protection Clause because they rest on stereotypes rather than an exceedingly persuasive justification.
Supporting sources
Intermediate scrutiny applies. The state must demonstrate an important governmental objective and that the sex-based means are substantially related to achieving that objective.
Supporting sources
…to cook for or even attend their wedding. They then rebuffed their son-in-law Freeman Burkholder’s request for help refinancing jointly owned property in 2010, even though they knew Freeman might lose his home if they refused. When Barbara Miller’s daughters-in-law came to see her in January 2011, she “lock[ed] the door and t[old] them…