Legal Question in Real Estate Law in Pennsylvania
Conveyance of property by one of three joint tenants
I am searching for an answer to the question of the form of ownership that will exist when one of three joint tenants severs their interest in property by conveyance of deed to another. i have searched to the best of my ability through the pennsyvania statutes for the answer, but only came up with a vague statute that really doesn't answer the question effectively. i have also researched the question through the corpus juris secundum #86 tenancy in common and #48a joint tenants. it is my belief that a joint tenancy will remain between the original joint tenants and that between the joint tenants as one person and the new tenant, a tenancy in common will exist. apparently this position is wrong and i cannot find any proof to the contrary. any help that you can give me in this would be very helpful.
1 Answer from Attorneys
severance of joint tenancy
What happens as a result of one joint tenant conveying her/his interest depends on the relationships among the joint tenants. If the person conveying her/his interest is not married to one of the other joint tenants, then the person to whom the conveyance is made becomes a tenant in common with the remaining 2 joint tenants. The remaining 2 joint tenants still have a a joint tenancy between themselves as to their interest in the property. However, if the conveying joint tenant is married to one of the other joint tenants and their interest was designated as husband and wife/tenants by the entireties, the result may vary. More details about the former joint tenants and the conveyance would be needed to fully answer your question.
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