Joint Tenant Has Right to Unilaterally Terminate Joint Tenancy

The Colorado Supreme Court rules that a joint owner of real estate may sever the joint tenancy by unilaterally conveying his interest in the property back to himself to create a tenancy in common with the other joint tenant, and that survivorship is an expectancy that only vests when one joint tenant survives the death of another joint tenant. Taylor v. Canterbury (Colo., No. 03SC294, June 28, 2004).

Terrell Taylor conveyed property from himself as sole owner to himself and Lucy Canterbury as joint tenants. Mr. Taylor later attempted to sever the joint tenancy, and therefore destroy Ms. Canterbury's and his own survivorship interest, by conveying his interest in the property back to himself as a tenant in common. Mr. Taylor then died and Ms. Canterbury asserted ownership over the undivided fee.

The trial court determined that Mr. Taylor's deed to himself did not sever the joint tenancy because Ms. Canterbury's right to survivorship was fixed and vested at the time the joint tenancy was created. The court of appeals affirmed, holding that a unilateral self-conveyance was not a sufficient legal act for purposes of severing a joint tenancy.

The Supreme Court of Colorado reverses, ruling that Mr. Taylor's unilateral self-conveyance effectively severed the joint tenancy. The court holds that the intent of the parties, rather than the destruction of the four unities that were associated with joint tenancies at common law, controls whether a joint tenancy is severed. Furthermore, the court holds that survivorship is an expectancy that only vests when one joint tenant survives the death of another joint tenant during the period of time that the joint tenancy remains intact. "In Colorado and other jurisdictions around the country," the court writes, "joint tenancy law has evolved. The four unities are no longer the compass; rather, the polestar by which joint tenancies are now measured is the intent of the parties." Accordingly, Mr. Taylor retained an undivided one-half interest in the property as a tenant in common at the time of his death.

For the full text of this decision, go to: https://www.cobar.org/opinions/opinion.cfm?OpinionID=4683.

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