The Real Estate Co-ownership Of American

American legal system has a long time history, rich content, complete system and a great influence in the world today. American property law is associated with the prevalence of private ownership of property and rapid development and become one of the most comprehensive sector methods. As an important part of the property law, U.S. real estate co-ownership system is a very important reference for the improvement of our co-ownership system. On the basis of existing research, This paper is a comprehensive, detailed introduction to some basic theoretical problems in the U.S. real estate co-ownership system contribute to the continuing attempt to improve our real estate co-ownership system.First part of this article is overview of the American real estate co-ownership. Firstly, from the historical aspect of American property law, overview and classification of co-ownership, start a discussion, clearly a profound impact on American property law by the United Kingdom and other countries, and there are still some medieval ideological imprint, to show the American property law step-by-step how to free from the shackles of feudal. And briefly introduced the basic contents of joint tenancy, tenancy in common, as well as tenancy by entirety a total of three ways, sort out three co-ownerships’different. Finally, explored the meaning of "property", in a co-ownership system of "property" and "real estate" that the property referred to in the United States a total system means the vast majority of cases and real estate, the property, reduce the scope of this article to the real estate.Second part of this article is the set up of co-ownerships. Three different types of co-ownership are set up differently. Tenancy in common is set up by just a clear meaning. In addition to the very clear statements, joint tenancy’s set up also have four unities:the unity of time, the unity of title, the unity of interests and the unity of possession, the four are indispensable. The tenancy by the entirety not only need to meet four unities, but also to meet the unity of marriage, only the couple that compliance with the law can be established this kind of co-ownership. If you set up a total of representation is not clear enough, the presumption established between husband and wife are tenancy by the entirety, other person is presumed to establish tenancy in common.The third part of this article is to explore the rights and obligations between co-owners. The management of real estate is discussed the decided by all the co-owners, the law does not set any restriction. All co-owners are entitled to possession of the entire real property rights, as long as there is no unlawful deprivation of the possession of the other co-owners are free to occupy real estate. The rental from Real property rented to third man and other incomes are shared by all the co-owners. Maintenance real estate costs shared by all co-owners, tenants’renovation of total real estate costs have no right to ask the other co-owners sharing. If the negotiation can not resolve, you can request termination of the co-ownership.The fourth part of this article is the termination of co-ownership. Co-owners of Tenancy in common, joint tenancy and tenancy by the entirety can transfer their own possession to others in order to server co-ownership with the other co-owners. After the transfer, the joint tenancy turns into tenancy in common. One co-owners of the tenancy by the entirety can not sever co-ownership; it needs the agreement between co-owners. Joint tenancy also can serer the co-ownership by mortgage.The fifth part of this article is the significance that American’s co-ownership has on China.At the last part, I made a conclusion of the whole article.