Carol and Dan are joint tenants with right of survivorship on a Germantown property. Carol executes a deed conveying her interest to a trust she controls as sole trustee, without notifying Dan. Dan then dies, and Carol claims she is now the sole owner by survivorship. Which of the following best describes the legal outcome under Tennessee law?
Correct Answer
B) Carol's conveyance to her trust severed the joint tenancy, so upon Dan's death his interest passes through his estate — not to Carol by survivorship
Under Tennessee law, a joint tenant may unilaterally convey their interest to a third party, including a trust, and doing so severs the joint tenancy as to that interest. When Carol conveyed her interest to her trust, she destroyed the unity of title required for joint tenancy between herself (or her trust) and Dan. The joint tenancy was severed at the moment of Carol's conveyance, converting the ownership to a tenancy in common between Carol's trust and Dan. When Dan later dies, his tenancy-in-common interest passes through his estate — NOT to Carol by survivorship, because survivorship rights were eliminated by the severance.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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