According to Florida law, to sever a joint tenancy, a joint tenant must perform an act that destroys one or more of the four unities of time, title, interest, or possession, thereby precluding the joint tenant from claiming any survivorship interest in the property. This can be achieved several ways including, but not limited to, a conveyance to a third party, a self-conveyance, mutual agreement or contract to sell:
1. Alienation or Conveyance: A joint tenant can sever the joint tenancy by conveying their interest in the property to a third party. This act destroys the unity of title and possession, effectively terminating the joint tenancy (See: Weisblat v. Feldman, 358 So.3d 1238).
2. Self-Conveyance: A joint tenant can also sever the joint tenancy by issuing a quitclaim deed to themselves, which converts the joint tenancy into a tenancy in common:
In Schlossberg, we adopted Countrywide’s reasoning. See Schlossberg, 303 So. 3d at 986-87 (“Applying the principle of [Countrywide] to this case, … when the quitclaim deed was executed by both trustees and by the settlor individually, [transferring the property to themselves,] the deed accomplished with a single conveyance the same requirements as two separate conveyances. We see no need to demand two separate conveyances.”).
Here, as in Countrywide, the joint tenancy with right of survivorship could be, and was, terminated and a tenancy in common created by a conveyance by one joint tenant—the decedent—of his interest to himself. Countrywide, 589 So. 2d at 995-96.
See: Weisblat v. Feldman, 358 So.3d 1238.
3. Mutual Agreement: Joint tenants can mutually agree to sever their joint tenancy. This agreement can be express or implied from circumstances inconsistent with the incidents of joint tenancy
While one joint tenant may not unilaterally terminate the interest of the other, it appears to be unquestioned that under the general rule, a joint tenancy may be terminated by a contract, or mutual agreement among the tenants. See 20 Am.Jur.2d Cotenancy and Joint Ownership, s 19, p. 112; Anno. Joint Tenancy Termination, 64 A.L.R.2d 918, 941-949. Such agreement may be made by express stipulation, or it may be implied from the circumstances which are inconsistent with the incidents of joint tenancy. (Footnote omitted.)
See: In re Waks’ Estate, 386 So.2d 307.
4. Contract to Sell: If all joint tenants enter into a contract to sell the property and the contract indicates an intention to sever the joint tenancy, this can also result in severance
It appears to us that the weight of authority, and the better view, is that severance does not automatically occur upon the execution of a contract to sell that is executed by all joint tenants, unless there is an indication in the contract, or from the circumstances, that the parties intended to sever and terminate the joint tenancy.
See: Weise v. Kizer, 435 So.2d 381.
Related:
- How Does Joint Tenancy Affect Probate?
- Partition Lawsuits in Florida – Where One Joint Tenant Sues to Sell Real Estate
- 3 Steps to Adding a Name to a Deed
- What Happens To A Bank Account When Someone Dies With No Will In Florida?
- What Assets Are Exempt From Probate In Florida?
- What assets must go through probate in Florida?
- Is A Widow Responsible For Her Husband’s Debt In Florida?
- Formal Probate Administrations
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