MBE Rules · Real Property
Severance of Joint Tenancy
Joint tenancy — severance
The rule
An inter vivos conveyance by one joint tenant severs the tenancy as to that share, creating a tenancy in common; mortgages sever in title-theory states but not lien-theory states, and leases split jurisdictions.
In plain English
Severance of joint tenancy occurs when one joint tenant transfers their interest in the property to another party, which converts that share into a tenancy in common. In title-theory states, a mortgage by one joint tenant also severs the joint tenancy, while in lien-theory states, it does not. Leases can vary based on jurisdiction.
Worked example
Alice and Bob own a property as joint tenants. Alice decides to sell her share to Carol. As a result, Alice's transfer severs the joint tenancy, and now Bob and Carol own the property as tenants in common. The outcome is that Bob and Carol have separate ownership interests rather than joint ownership.
Memory hook
One tenant's sale splits the joint, turning it into a common!
The trap
Exams may confuse students by presenting scenarios where a mortgage or lease is involved, requiring careful attention to the jurisdiction's rules on severance. Students often overlook the impact of these transactions on the joint tenancy.
How examiners test it
Questions typically present a fact pattern involving joint tenants and a transfer of interest, testing the candidate's understanding of how that transfer affects the ownership structure.
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