Also known as: sever joint tenancy · severed joint tenancy · severance · joint tenancy severance
Written by attorneys · grounded in primary & secondary sources — see below
The termination of a joint tenancy by an act that destroys one or more of the four unities, converting the interests of the affected cotenants into a tenancy in common while the remaining interests continue in joint tenancy.
Simon Stern and Sabrina Shah hold Blackacre as joint tenants with right of survivorship. Simon leases his undivided interest to Spectrum Financial for a five-year term. Simon dies two years later. Sabrina takes the entire property free of the lease because the lease did not sever the joint tenancy.
Scott Summers and Sydney Santos own Greenacre as joint tenants. Scott executes a deed conveying his interest to Stephen Shaw. Scott and Stephen become tenants in common as to Scott's former share. Sydney and Stephen now hold their respective interests as tenants in common.
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Santiago Sanchez and Sabrina Shah hold Whiteacre as joint tenants. Santiago attempts to sever by quitclaiming his interest to his son but the deed is later declared void. The attempted transfer never occurs. The joint tenancy remains intact and the right of survivorship continues.
Stephen Shaw and Scott Summers own Blueacre as joint tenants. Stephen sells his interest outright to Southland Foods. The sale destroys the unities of time and title. Southland Foods and Scott Summers now hold the property as tenants in common.
Sydney Santos and Simon Stern hold Redacre as joint tenants. A federal tax lien attaches solely to Simon's interest. The lien does not destroy the four unities. If Simon dies first, Sydney takes the whole property free of the lien.
Sabrina Shah and Santiago Sanchez hold Yellowacre as joint tenants. Sabrina grants a mortgage on her interest only. The mortgage is treated as a lien rather than a conveyance of title. The joint tenancy survives and the right of survivorship remains operative.
A conveyance of a joint tenant's interest to a third party destroys the unities of time and title and severs the joint tenancy as to that interest. The remaining cotenants then hold as tenants in common with the transferee.
Supporting sources
Under the modern approach a lease does not automatically sever the joint tenancy. The lessee steps into the shoes of the leasing tenant only for the lease term and the surviving joint tenant takes free of the lease if the leasing tenant dies first.
Once severance occurs the right of survivorship is destroyed as to the severed interest. The affected owners hold as tenants in common and each interest passes through the owner's estate rather than to the surviving joint tenant.
Supporting sources
An invalid or void deed cannot effect a severance because the transfer never legally occurs. The joint tenancy and its right of survivorship remain intact.
…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…