Frank and Grace own a cabin in Park City as joint tenants with right of survivorship. Without telling Grace, Frank executes and records a deed conveying his interest to his son, Henry. Grace is still alive. What is the legal effect of Frank's conveyance under Utah law?
Correct Answer
B) The conveyance severs the joint tenancy, and Henry and Grace now hold the property as tenants in common.
When a joint tenant conveys their interest to a third party, the conveyance severs the joint tenancy as to that interest. Frank's unilateral conveyance to Henry is valid — a joint tenant may transfer their own interest without the other joint tenant's consent. However, Henry receives only a tenancy in common interest because the four unities required for joint tenancy (time, title, interest, possession) are destroyed by the conveyance. Henry and Grace now hold the property as tenants in common, with no right of survivorship between them.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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