Also known as: rights of survivorship · survivorship
Written by attorneys · grounded in primary & secondary sources — see below
A joint tenant's right to succeed to the whole estate upon the death of the other joint tenant.
Ronald Reed and Ruby Rivera held their home as tenants by the entirety. While divorce proceedings were pending Ronald executed a will leaving his interest in the house to his niece. Ronald died before the divorce was final. Title to the entire house passed to Ruby by operation of law.
Rhea Reynolds and Robert Rivera owned investment property as joint tenants with right of survivorship. When Rhea died the probate court included her fractional interest in the property in the augmented estate for the surviving spouse's elective share calculation. The interest passed directly to Robert outside probate.
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Renata Russo and Rosalind Reed owned a cabin as joint tenants with right of survivorship. After their divorce the statute converted their interests into equal tenancies in common. Each former spouse could now devise or convey her separate share without survivorship rights.
Ronald Reed and Ruby Rivera held land as joint tenants. Ronald executed and recorded a deed conveying his interest to himself as a tenant in common. The conveyance severed the joint tenancy so that upon Ronald's later death his share passed through his estate rather than to Ruby.
Rhea Reynolds and Robert Rivera held real property as joint tenants with right of survivorship. Robert executed a will purporting to leave his interest to a third party. Upon Robert's death the court held that the right of survivorship controlled and full title vested in Rhea.
Ronald Reed and Ruby Rivera owned their residence as tenants by the entirety. A judgment creditor of Ronald alone sought to levy on the property. The court held that the right of survivorship prevented the creditor from reaching Ronald's interest during Ruby's lifetime.
No. The tenancy remains intact until a final divorce decree or other severance occurs. Title therefore passes by survivorship to the surviving spouse if death occurs while the marriage still exists.
The surviving spouse's fractional interest in property held in joint tenancy with right of survivorship is included in the augmented estate under UPC section 2-207(a)(1)(A).
Section 2-804(b)(2) severs the former spouses' interests and converts them into equal tenancies in common. Each former spouse may then dispose of the separate share by will or inter vivos transfer.
Yes. A joint tenant may sever the tenancy by conveying his or her interest to a third party or to himself as tenant in common. The conveyance destroys the four unities and eliminates survivorship.
No. The property passes outside probate directly to the surviving joint tenant by operation of law. A will attempting to devise the interest has no effect.
…Such are the dictates of common equality. Thus the judgment creditors of either spouse may levy and execute on their separate rights of survivorship. One may speculate whether the courts which first chose the path to equality now followed by the majority might have felt an unexpressed aversion to entrusting a wife with as much control…