Helen and George are unmarried partners who purchase a home in Connecticut. The deed states they take title 'as joint tenants.' One year later, George conveys his interest to his revocable living trust without Helen's knowledge. George subsequently dies. The trustee of George's trust claims the property should be distributed per the trust terms. Helen claims she owns the entire property by survivorship. Which party's claim is most likely to prevail under Connecticut law?
Correct Answer
D) The trust's claim prevails because George's conveyance to his trust severed the joint tenancy, converting it to a tenancy in common before his death
Under Connecticut law, a joint tenant can unilaterally sever a joint tenancy by conveying their interest to a third party, including a revocable living trust. When George conveyed his interest to his trust, he destroyed the unity of title, severing the joint tenancy and converting the ownership to a tenancy in common. Once the joint tenancy is severed, the right of survivorship is eliminated. Since George died after the severance, his interest (now held in his trust) passes according to the trust terms, not by survivorship to Helen. George's consent was not required, and the lack of Helen's knowledge is legally irrelevant.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate represents ownership of real property with an indefinite duration.
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
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