What occurs if a tenant in a Joint Tenancy decides to convey their interest to another person?

What occurs if a tenant in a Joint Tenancy decides to convey their interest to another person?

• A. The original joint tenancy is maintained
• B. The interest is converted into a tenancy in common
• C. The new owner becomes a joint tenant
• D. The joint tenancy is automatically dissolved

Answer: (B)

When a tenant in a joint tenancy conveys their interest to another person, the original joint tenancy is converted into a tenancy in common for the interest that was conveyed. In a joint tenancy, multiple owners have equal shares of the property and the right of survivorship, meaning if one owner dies, their interest automatically passes to the remaining joint tenants. However, when one joint tenant decides to sell or transfer their share to someone else, that action disrupts the unity of ownership. Once the interest is conveyed to a new owner, that new owner does not become a joint tenant but rather holds their interest as a tenant in common. This occurs because a joint tenancy cannot be created unilaterally; all parties must agree to the terms of a joint tenancy. As a result, the original joint tenants continue to own their shares as joint tenants, while the new owner holds their share independently as a tenant in common, lacking the right of survivorship with the original joint tenants. This distinction is critical in property law and significantly alters the ownership dynamics of the property involved.

When a tenant in a joint tenancy conveys their interest to another person, the original joint tenancy is converted into a tenancy in common for the interest that was conveyed. In a joint tenancy, multiple owners have equal shares of the property and the right of survivorship, meaning if one owner dies, their interest automatically passes to the remaining joint tenants. However, when one joint tenant decides to sell or transfer their share to someone else, that action disrupts the unity of ownership.

Once the interest is conveyed to a new owner, that new owner does not become a joint tenant but rather holds their interest as a tenant in common. This occurs because a joint tenancy cannot be created unilaterally; all parties must agree to the terms of a joint tenancy. As a result, the original joint tenants continue to own their shares as joint tenants, while the new owner holds their share independently as a tenant in common, lacking the right of survivorship with the original joint tenants. This distinction is critical in property law and significantly alters the ownership dynamics of the property involved.