Section 240-C. Joint tenancy severance  


Latest version.
  • 1. In addition to any other means by
      which a joint tenancy with right of survivorship may be severed, a joint
      tenant  may  unilaterally sever a joint tenancy in real property without
      consent of any non-severing joint tenant or tenants by:
        (a) Execution and delivery of a deed that conveys legal title  to  the
      severing  joint  tenant's  interest  to  a  third person, whether or not
      pursuant to an agreement requiring the third person  to  reconvey  legal
      title to the severing joint tenant; or
        (b)  Execution  of  a  written instrument that evidences the intent to
      sever the joint tenancy, including a deed that names the severing tenant
      as the direct grantee of the severing tenant's interest.
        2. No severance of a joint tenancy pursuant to subdivision one of this
      section shall terminate the right of survivorship  of  any  non-severing
      joint  tenant or tenants as to the severing tenant's interest unless the
      deed or written instrument effecting the severance is recorded, prior to
      the death of the severing tenant, in the county where the real  property
      is located.
        3. Nothing in this section shall limit the manner or effect of:
        (a)  A  severance  of a joint tenancy pursuant to a written instrument
      executed by all joint tenants, or pursuant to a written agreement of all
      joint tenants.
        (b) A severance of a joint tenancy effected by a  deed  from  a  joint
      tenant to another joint tenant.
        (c) A severance ordered by a court of competent jurisdiction.