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Real Property • Concurrent Estates
PROP#049
Legal Definition
Where a joint tenancy is severed voluntarily or involuntarily, the joint tenancy is destroyed and a tenancy in common results.
Plain English Explanation
A joint tenancy can be thought of as a shared, whole interest. When the interest is divided, it is said to have been severed.
Severing a joint tenancy effectively replaces it with a tenancy in common, which we will discuss in other cards. One easy way to sever a joint tenancy is for a joint tenant to transfer their interest to someone else.
Severing a joint tenancy effectively replaces it with a tenancy in common, which we will discuss in other cards. One easy way to sever a joint tenancy is for a joint tenant to transfer their interest to someone else.
Hypothetical
Hypo 1: Oz conveys Blackacre "to Amy and Bob as joint tenants with right of survivorship." Amy appreciates it Oz's generosity, but Amy hates Bob and doesn't want to be a joint tenant with him. Amy decides to sell her undivided interest in Blackacre to Carl. Result: Amy has severed her joint tenancy with Bob by selling her interest to Carl. The result is Bob and Carl owning Blackacre as tenants in common.
Visual Aids
Related Concepts
In assessing the rights and duties of co-tenants, are encumbrances allowed?
In assessing the rights and duties of co-tenants, what are rents and profits?
In assessing the rights and duties of co-tenants, what is a judicial partition?
In assessing the rights and duties of co-tenants, what is contribution?
In assessing the rights and duties of co-tenants, what is possession?
What are the rights and duties of co-tenants?
What effect does a testamentary disposition have on a joint tenancy with right of survivorship?
What is a concurrent estate?
What is a tenancy by the entirety and how is it severed?
What is a tenancy in common?
What is required to establish a joint tenancy with right of survivorship?
Which type of transactions may not result in severance of a joint tenancy?
