What happens to the right of survivorship when one or two joint tenants convey their interest to a third person?

Prepare for the West Virginia CPLTA Test. Study with interactive resources, flashcards, and multiple choice questions, each with detailed explanations. Ace your exam!

When one or two joint tenants convey their interest to a third person, the right of survivorship is revoked. In a joint tenancy arrangement, each tenant has an equal share and the right of survivorship allows the interest of a deceased tenant to pass to the surviving tenants. However, if a joint tenant decides to transfer their interest to another party, this act effectively converts the joint tenancy into a tenancy in common.

In a tenancy in common, the right of survivorship does not exist. Each tenant in common can sell or transfer their interest independently of the others, and upon their death, their share goes to their heirs rather than to the other co-tenants. Thus, the original right of survivorship is lost once any joint tenant conveys their interest to someone outside the joint tenancy arrangement, reinforcing that such a transfer disrupts the unified ownership structure initially intended with joint tenancy.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy