Also known as: sever joint tenancy · severed joint tenancy · severance · joint tenancy severance
Written by attorneys · grounded in primary & secondary sources — see below
A termination of the joint tenancy that destroys the right of survivorship and converts the co-owners' interests into a tenancy in common. The change occurs through a voluntary act such as a conveyance or through operation of law when one joint tenant takes an action inconsistent with continued survivorship rights.
Scott Summers and Simone Sanders hold Blackacre as joint tenants with right of survivorship. Scott executes a three-year lease of his undivided interest to a third party. When Scott dies six months later the lease terminates and Simone takes the entire property free of the lease because the lease did not sever the joint tenancy.
Sylvia Santos and Sebastian Santos own Greenacre as joint tenants. Sylvia signs a document stating her desire to sever the tenancy but never executes or records any deed or declaration. After Sylvia's death the court holds that the joint tenancy remains intact because no valid instrument effected severance.
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Sydney Santos and Sean Steele hold Whiteacre as joint tenants. Sydney executes and records a grant deed conveying her interest to herself alone and simultaneously executes a will leaving her share to her children. Upon Sydney's death the court recognizes that the deed severed the joint tenancy so her children inherit her half as tenants in common with Sean.
Sierra Solutions and Spectrum Financial acquire adjacent parcels as joint tenants. Sierra Solutions later mortgages its interest to Summit Bank. When Sierra Solutions defaults and the bank forecloses the court must decide whether the mortgage severed the joint tenancy before the foreclosure sale.
Skyline Construction and a co-owner hold commercial property as joint tenants. The IRS files a tax lien against Skyline Construction's interest. The government argues the lien severs the joint tenancy and allows sale of the entire parcel while the surviving joint tenant claims the lien cannot destroy survivorship rights.
Two joint tenants sign a letter agreeing to end their joint tenancy but never execute or record any deed. One tenant dies shortly afterward. The surviving tenant claims the letter was insufficient to sever the tenancy and that full title passes by survivorship.
In jurisdictions following the modern approach a lease by one joint tenant does not necessarily sever the joint tenancy. The lessee acquires only the rights of occupancy the leasing tenant possessed and the lease ends if the leasing tenant dies before the lease term expires.
Severance generally requires a valid deed or similar instrument that demonstrates clear intent to destroy the right of survivorship. An unexecuted or unrecorded declaration of intent is insufficient.
Yes. A joint tenant may unilaterally sever the joint tenancy by conveying her interest to herself through a properly executed and recorded deed thereby converting the ownership into a tenancy in common.
…occurred. It reasoned property interests have multiple dimensions, including a temporal one, and petitioners urged conceptual severance of a temporal segment as a distinct interest. The court read prior cases as focusing on a regulation's impact on the parcel as a whole, and held a temporary planning regulation preventing…