What effect does a divorce decree have on a joint tenancy?

What effect does a divorce decree have on a joint tenancy?

• A. It has no effect
• B. It breaks the joint tenancy
• C. It requires a new deed
• D. It converts to tenancy by entirety

Answer: (B)

When property is owned as a joint tenancy, the owners have a right of survivorship, meaning the surviving owner automatically gets the deceased owner’s share. A divorce decree serves to sever those shared rights between the former spouses. The four unities of joint tenancy are broken by the divorce, so the ownership becomes tenants in common. Each former spouse then holds an individual, undivided interest, typically equal unless the decree or agreement specifies otherwise, and there is no automatic right of survivorship between them anymore. It does not convert to tenancy by entirety (not a form used in this context) and, generally, a new deed isn’t required to implement the severance, though parties may choose to record a deed to reflect the new tenancy form.

When property is owned as a joint tenancy, the owners have a right of survivorship, meaning the surviving owner automatically gets the deceased owner’s share. A divorce decree serves to sever those shared rights between the former spouses. The four unities of joint tenancy are broken by the divorce, so the ownership becomes tenants in common. Each former spouse then holds an individual, undivided interest, typically equal unless the decree or agreement specifies otherwise, and there is no automatic right of survivorship between them anymore.

It does not convert to tenancy by entirety (not a form used in this context) and, generally, a new deed isn’t required to implement the severance, though parties may choose to record a deed to reflect the new tenancy form.