Also known as: joint tenants · JT
Written by attorneys — see sources below.
A co-owner of real or personal property held in joint tenancy who enjoys the right of survivorship. Each joint tenant holds an undivided interest in the whole estate and may unilaterally sever the tenancy by conveyance, subject to statutory rules governing partition, leases, divorce, and killings.
June Jiang and John Jones held farmland as joint tenants. When June sought partition, the court found that zoning rules rendered separate parcels unbuildable. The court therefore ordered a judicial sale and division of proceeds rather than physical division.
Jonathan Jaffe and his spouse held a brokerage account as joint tenants. Upon Jonathan's death the surviving spouse's fractional interest was valued immediately before death for elective-share purposes under the probate code.
Javier Jimenez, a joint tenant, leased his interest in commercial property to Jennings Forge. When Javier died before the lease term ended, the surviving joint tenant took the property free of the lease.
Jorge Juarez and his spouse held their home as joint tenants with right of survivorship. After their divorce the probate code automatically converted their interests into equal tenancies in common, so the former spouse's share passed by will rather than survivorship.
Jessica Jacobs and her husband held their residence as joint tenants. A judgment creditor of Jessica alone could not force a sale of the property because the survivorship feature protected the couple's unified interest.
On November 30, 1968, Masako Sawada and Helen Sawada were injured when struck by a motor vehicle operated by Kokichi Endo. On that date Kokichi Endo owned a parcel of real property in Wahiawa, Oahu, Hawaii, as a tenant by the entirety with his wife Ume Endo. On June 17, 1969, Helen Sawada filed her complaint for damages against Kokichi Endo. Masako Sawada filed her suit against him on August 13, 1969. The complaint and summons in each case was served on Kokichi Endo on October 29, 1969. By deed dated July 26, 1969, Kokichi Endo and Ume Endo conveyed the Wahiawa property to their sons Samuel H. Endo and Toru Endo. The deed was recorded in the Bureau of Conveyances on December 17, 1969. No consideration was paid by the grantees. Both sons were aware at the time of the conveyance that their father had been involved in an accident and that he carried no liability insurance. Kokichi Endo and Ume Endo continued to reside on the premises. On January 19, 1971, after a consolidated trial on the merits, judgment was entered in favor of Helen Sawada and against Kokichi Endo in the sum of $8,846.46. At the same time Masako Sawada was awarded judgment on her complaint in the amount of $16,199.28. Ume Endo died on January 29, 1971. After being frustrated in their attempts to obtain satisfaction of judgment from the personal property of Kokichi Endo, the Sawadas brought suit to set aside the conveyance. The trial court refused to set aside the conveyance, and the Sawadas appealed.
View caseJensen Farms was held by two joint tenants. One conveyed her undivided interest to herself as tenant in common, destroying the right of survivorship and leaving each owner with a severable half interest.
Mr. and Mrs. Riddle purchased a parcel of real estate, taking title as joint tenants. Several months before her death, Mrs. Riddle retained an attorney to plan her estate. After reviewing pertinent documents, he advised her that the property was held in joint tenancy and that, upon her death, the property would pass to her husband. Distressed upon learning this, she requested that the joint tenancy be terminated so that she could dispose of her interest by will. As a result, the attorney prepared a grant deed whereby Mrs. Riddle granted to herself an undivided one-half interest in the subject property. The document also provided that “The purpose of this Grant Deed is to terminate those joint tenancies formerly existing between the Grantor, Frances P. Riddle, and Jack C. Riddle, her husband. ...” He also prepared a will disposing of Mrs. Riddle’s interest in the property. Both the grant deed and will were executed on December 8, 1975. Mrs. Riddle died 20 days later. The trial court refused to sanction her plan to sever the joint tenancy and quieted title to the property in her husband. The executrix of the will of Frances Riddle appeals from that judgment.
View caseNo. In jurisdictions following the modern rule, a lease grants the lessee only the rights of occupancy held by the leasing joint tenant. The lease terminates upon the lessor's death and does not bind the surviving joint tenants.
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Under the Uniform Probate Code, divorce automatically severs the joint tenancy into equal tenancies in common unless an express court order, contract, or governing instrument provides otherwise.
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Partition in kind is preferred, but a court may order sale when physical division is impossible or inequitable because of the land's characteristics or external constraints such as zoning that would render separate parcels unusable.
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The killing severs the joint tenancy, converting the interests into equal tenancies in common so the killer cannot take by survivorship.
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