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MMLU / A man who was separated but never divorced from his first wife, married another…

Problem

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question

A man who was separated but never divorced from his first wife, married another woman and lived with her as husband and wife. The man and his purported second wife bought a home together as tenants by the entirety. They lived there together for a few years, when the man was accused and convicted of killing his purported wife. He was given a life sentence. The decedent's estate brought a quiet title action to declare the property forfeited to the decedent on the basis that a murderer cannot benefit from his crime. The trial court awarded the property to the estate. The man appealed from his prison cell. Under the common law, will the appellate court affirm the trial court's decision and strip the man of all ownership rights in the home?

choices

  1. Yes, because a murderer cannot reap the benefits of his ill-doing.
  2. Yes, because the murderer was also a bigamist who could not take good title to the property in the first place, thus putting full title in the decedent from the date of purchase.
  3. No, the court will as a policy matter recognize the murderer's pre-slaying right to one-half of the property as a tenant in common.
  4. No, there is no rule of law that gives the victim or her estate any additional rights in the property that she had before the homicide.

subject

professional_law

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