If a joint tenant sells their interest to another, is it no longer in joint tenancy?

Generally, yes. If A conveys A’s one-third interest to B, that conveyed one-third is no longer held in joint tenancy. But the conveyance ordinarily does not end the joint tenancy between B and C as to their original two-thirds interest.

The result is generally:

InterestHow held after the conveyance
A’s former one-third, conveyed to BB holds it separately as a tenant in common
B’s and C’s original interests, together two-thirdsB and C continue to hold them as joint tenants with right of survivorship

The Illinois Supreme Court stated that when one of three joint tenants conveyed an interest to another joint tenant, the conveyed share was severed, while the remaining two-thirds continued in joint tenancy between the other two.[2]

“The joint tenancy is only severed as to the part conveyed” and the other two tenants continue to hold the remaining interest “as joint tenants with right of survivorship therein.”[2]

Important: The answer can depend on the state’s statutes and the deed’s wording. The cases found support this general rule, but check the law where the house is located before relying on it.[1][2]

Sources & References

  1. Goodson v. McCrory, 2018 OK CIV APP 59
  2. Jackson v. O'Connell, 23 Ill. 2d 52 (1961)

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