What is the typical result of divorce on joint tenancy?

What is the typical result of divorce on joint tenancy?

• A. It Terminates Joint Tenancy
• B. It Converts to Tenancy in Common
• C. It Becomes Community Property
• D. It Remains Unchanged

Answer: (B)

Joint tenancy is built on the right of survivorship, so when a marriage ends, the four unities that create that form of ownership are typically severed by the divorce. Once severed, the property is held as a tenancy in common, usually with equal shares unless the divorce decree or agreement assigns different interests. As tenants in common, there is no right of survivorship—each ex-spouse’s interest passes to their heirs or estate at death rather than to the other former spouse. This is why the typical result of divorce on joint tenancy is conversion to tenancy in common.

Joint tenancy is built on the right of survivorship, so when a marriage ends, the four unities that create that form of ownership are typically severed by the divorce. Once severed, the property is held as a tenancy in common, usually with equal shares unless the divorce decree or agreement assigns different interests. As tenants in common, there is no right of survivorship—each ex-spouse’s interest passes to their heirs or estate at death rather than to the other former spouse. This is why the typical result of divorce on joint tenancy is conversion to tenancy in common.