.... BECKER and RAWLINGS, JJ., dissent. JOINT TENANCY: Interest of a joint tenant subject to levy. The 15 individual interest of one joint tenant is subject to levy and sale upon execution against him. JOINT TENANCY: Sale of individual interest of joint tenant — necessary parties. JOINT TENANCY: Severance by...of a joint tenant's interest — tenancy in common. JOINT TENANCY: Severance — mere...filing evidence of judgment insufficient. JOINT TENANCY: Severance — tenancy in common. A joint tenancy 19 is severable upon the voluntary or involuntary conveyance or seizure of the interest of either tenant and upon such severance the...

.... Kopple Hallock and Moonan Moonan, for respondents. Joint tenancy — severance or...such conveyance results in the severance or termination of the joint tenancy. Joint tenancy — what constitutes. 2. To constitute a joint tenancy, four unities are required, namely, unity of interest, title, time, and possession. If any of these elements is lacking the estate is not one in joint tenancy. Joint tenancy — severance or.... 3. Even if it be granted that there was a joint tenancy in this case, in view of the fact that one of the joint tenants conveyed all of her interest in the joint property to the other, the result was a severance or...

...satisfy both the generally-applicable Civil Code requirements and section 2040(b)(3)'s notice requirement before the severance of a joint tenancy with the other party is effective to eliminate the right of survivorship. However, these requirements may be satisfied in any order. Therefore, if a party records a joint tenancy severance in...Law Restraining Order." At a September hearing in the Dissolution Action, the parties and the court acknowledged the joint tenancy severance and discussed whether the Dissolution Action and the...presumption applies to the Property. If, as Lawrence contends, Veronica's severance of the joint tenancy was ineffective, the Property was held in joint tenancy and passed to Lawrence upon her death by right of survivorship. If the severance was...

...F. Spaloss on the brief and orally), for the defendant. 1. Property — Joint Tenancy — Severance Sheriff's sale of...survivorship. 2. Property — Joint Tenancy — Right of Survivorship Survivorship right, though a distinguishing feature of a joint tenancy, is not an absolute right, because a joint tenant may alienate or convey to a stranger his part of interest in the realty, and thereby defeat the right of the survivor. 3. Property — Joint Tenancy — Severance The...survivorship right that was terminated along with the joint tenancy. See generally 2 AMERICAN LAW OF PROPERTY § 6.2, at 8-9 (A.J. Casner ed., 1952). Additionally, in ruling that "[t]he severance did...

.... Joint tenancy — severance by agreement incorporated in divorce decree...divorced parties' previous joint tenancy ownership of the real estate. We hold that a severance resulted and affirm the judgment. Defendant and Glen Kasten were married on September 2...earlier judgment of divorce severed the joint tenancy estate by which defendant and Glen P. Kasten, her former husband now deceased, had held title to certain farmlands during their marriage. The...

.... Action in equity for declaratory judgment to determine effect of contract for sale of real estate held in joint tenancy by husband and wife. Trial court held the contract resulted in a termination of the joint tenancy. Widow of deceased husband has appealed. — Affirmed. Tesdell Miller, of Des Moines, for appellant. Boyle Schuler, of Clear Lake, for petitioner-appellee. JOINT TENANCY: Severance by...conveyance by a joint 1 tenant operates as a severance and terminates the joint tenancy. JOINT TENANCY: Severance by contract to convey. A contract to 2 convey an interest which...can be enforced in equity will operate to sever a joint tenancy. JOINT TENANCY: Severance by mutual agreement. Joint tenants by 3 their mutual agreements may sever their joint...

...tenancy — Severance — Revocation — Acts of June 20, 1919, P. L. 521, and May 4, 1921, P. L. 341. 1. Where an aunt and niece, living together and each owning real estate, convey...by her deed because she might have severed the joint tenancy during her life. 3. The right to sever the joint tenancy is not to be treated as property, but is analogous to the right...learned counsel for the Commonwealth argued that the decedent did not part with her title, because she might have severed the joint tenancy during her life, and her interest was also, during her life...

.... SYLLABUS BY THE COURT WILLS — Joint Tenancy — Severance by Joint Mutual Will. A husband and wife, being the owners as joint tenants with right of survivorship, and not as...terms of the contractual joint and mutual will effected a severance of the joint tenancy provision in the deed and upon the death of the husband the surviving widow took a life estate in the eighty acres...problem presented is that the joint and mutual will did not work a severance of the joint tenancy nor a destruction of the right of survivorship and that Lon quitclaimed his interest in the property to...

...tenancy — severance by creator — applicability to homestead. A person who creates a joint tenancy in real estate may sever it unilaterally. The joint tenancy...both husband and wife. Thus, the traditional method of unilateral severance of the joint tenancy by conveyance and reconveyance was not available to Mr. Hendrickson. If this method were the only method by which a unilateral severance could...then becomes a tenancy in common. The rule applies even though the joint tenants are husband and wife and the realty involved is the homestead of the parties...

.... 4. Deeds: Joint Tenancy: Severance. A deed which purportedly conveys all of the interest of one joint tenant, wherein he is both grantor and grantee, is not an act which will sever the joint tenancy. 5. Joint Tenancy: Statutes: Severance. Our...has the effect of destroying a right of survivorship incidental to it. The creation as well as the continued existence of an estate in joint tenancy under the common law, which is recognized in this state, is subject to the right of the Legislature to modify, which it has done by section 76-118, R.R.S. 1943. Any act of a joint tenant which destroys one or more of the coexisting unities operates as a severance and.... See Deslauriers v. Senesac, supra. Here the cotenant, Fred Kleensang, attempted to sever the joint tenancy by a deed from himself as grantor to himself as grantee. We now hold that this act does not constitute a severance of...

...; absent a statute to the contrary, the common-law proposition is accepted in Rhode Island. 3. JOINT TENANCY. Unities of Interest, Title, Time and Possession. Joint tenants are required to have equal interest acquired by the same conveyance, commenced at the same time and held be the same undivided possession. 4. JOINT TENANCY. Severance. Severance...1315, 1320 (1977) (dissenting opinion), we note here that the current issue involves an attempted involuntary alienation. Severance of the joint tenancy occurs upon...Island federal district court. Fed. Rules Civ. Proc. rule 69 (a), 28 U.S.C.A. 2. JOINT TENANCY...

.... SYLLABUS BY THE COURT 1. JOINT TENANCY — Essential Elements — Severance. An estate in...joint tenancy requires unity of interest, title, time and possession, and is severed by the destruction of any of its necessary units (following Carson, Executrix, v. Ellis, 186 Kan. 112, 348 P.2d 807). 2. DIVORCE — Division of Property — Property in Joint Tenancy — Severance of...settlement, the divorce decree, and the later contract between the parties all operated to sever the joint tenancy. The wife claimed the whole property, as surviving joint tenant, alleging that until the property was sold there could be no severance of...

.... 10. Joint Tenant — Undivided Interest — Whole. Until the joint tenancy is severed, each joint tenant owns an undivided interest in the real property as a whole. 11. Severance — Destruction...— One of Four Unities. A joint tenancy is severed by destroying one of the four necessary unities of time, title, interest, and possession, either by operation of law, by death, or by the acts of one joint tenant without the consent of the other tenants. 12. TENANCY IN COMMON — Severance — Voluntary.... JOINT TENANCY — Severance — Operation of Law — Execution Sale. A joint tenancy is severed by operation of law by execution sale and purchaser becomes a tenant in common with remaining tenants...

.... 2. Appeal and Error — Standards of Review — Particular Cases 1. Property — Joint Tenancy — Severance 3.... Property — Joint Tenancy — Serverance 4. Property — Joint Tenancy — Severance 5...provide outright for severance of the parties' joint tenancy, George Croteau retained his right of survivorship in the Bow Street property. I believe that in divorce proceedings such as this, where the...

...nor argued are deemed to be waived. 2. REAL PROPERTY. Joint Tenancy. Husband and Wife. Severance of Tenancy. Where husband and wife held real property in their joint names and...husband conveyed his interest to his son, Held, that contention of wife that trial justice erred in holding that a joint tenant may convey his interest and thereby sever the joint tenancy was without merit. 3. HUSBAND AND WIFE. Joint Tenancy. Severance of...Tenancy. Wife contended that husband could not sever a joint...

.... The tax court held that revocation would have revived the joint tenancy. The taxpayer argues that, under the trust agreement, the assets would have remained "separate" following a revocation because the severance of...how a joint tenancy is severed or destroyed. Those rules are the same in Arizona as elsewhere. We believe that the tax court erred when it construed section 2040 in contradiction of those rules. The common law governing severance of...value of the property in a co-owner's gross estate. We reasoned that "the joint tenancy was terminated (by the agreement to sever) before the husband's death. Hence, as to the joint tenancy, the deceased had no `interest therein * * * at the time of his death.'" Id. at 660. Sullivan applied the established rules of joint tenancy severance even...

...) severance of parties' joint tenancy in real estate took place by execution of joint will which was explicitly contractual in nature. Appeal denied and dismissed; judgment affirmed.... 7. JOINT TENANCY. Severance of Joint Tenancy. Severance of parties' joint tenancy in real estate took place by execution of joint will which was explicitly contractual in nature...survivor. With respect to the severance of the joint tenancy, the trial justice held that the joint will, which the parties declared to be contractual, effected a valid severance of...

...made by a depository bank with its customers such agreement is binding upon the bank and parties signatory and cannot be changed by parol evidence. JOINT TENANCY: Rules of construction. Rules of construction in 2 determining whether a joint tenancy has been created in real or in personal property are the same. JOINT TENANCY: Severance. A...tenancy in real property may 3 be severed by a joint tenant's conveyance of his interest, and his purchaser becomes a tenant in common with the remaining joint tenant...contended the funds were transferred in accord with the signature card creating a joint tenancy authorizing the withdrawal on the order of either and presentation of the passbook was unnecessary...

...recognized various ways in which a joint tenancy may be terminated with the consequent destruction of the right of survivorship. Our review of the decisional law concerning joint tenancy severance supports...alienation under an execution [citations], or by any other action which operates to sever the joint tenancy." ( Id., at pp. 155-156.) (Italics added.) The Tenhet court did not specify the nature of " other action" which would have the effect of severing a joint tenancy, although the opinion declared that "we decline to find a severance in...agreement to constitute an unequivocal termination of the joint tenancy. Wardlow, therefore, is not dispositive of the instant case since the actual holding of Wardlow does not determine that the agreement between the spousal joint tenants constituted a severance of...

...a cotenant may pursue to sever the joint tenancy. The court further stated: "It is undisputed that any joint tenant may sever his or her joint tenancy interest in real property by . . . mortgaging the joint tenancy interest. . . . Once the joint tenancy interest is severed, a tenancy in common results." 233 Kan. at 885. The Bank contends that the plain language in Hall requires Kansas courts to find that a pledge acts as a severance of...interest, dissolved the joint tenancy as a matter of law, and created a tenancy in common. The severance of the joint tenancy gives rise to a... JOINT TENANCY — Certificate of Deposit — Unilateral Pledge of Certificate Dissolves Joint Tenancy. A unilateral pledge of a certificate of deposit held in joint tenancy severs the unity of...