Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 240-C
Joint tenancy severance
Real Property (RPP) CHAPTER 50, ARTICLE 8
§ 240-c. Joint tenancy severance. 1. In addition to any other means by
which a joint tenancy with right of survivorship may be severed, a joint
tenant may unilaterally sever a joint tenancy in real property without
consent of any non-severing joint tenant or tenants by:

(a) Execution and delivery of a deed that conveys legal title to the
severing joint tenant's interest to a third person, whether or not
pursuant to an agreement requiring the third person to reconvey legal
title to the severing joint tenant; or

(b) Execution of a written instrument that evidences the intent to
sever the joint tenancy, including a deed that names the severing tenant
as the direct grantee of the severing tenant's interest.

2. No severance of a joint tenancy pursuant to subdivision one of this
section shall terminate the right of survivorship of any non-severing
joint tenant or tenants as to the severing tenant's interest unless the
deed or written instrument effecting the severance is recorded, prior to
the death of the severing tenant, in the county where the real property
is located.

3. Nothing in this section shall limit the manner or effect of:

(a) A severance of a joint tenancy pursuant to a written instrument
executed by all joint tenants, or pursuant to a written agreement of all
joint tenants.

(b) A severance of a joint tenancy effected by a deed from a joint
tenant to another joint tenant.

(c) A severance ordered by a court of competent jurisdiction.