Q: ABCD is a property owned as a joint tenancy. Owner A conveys his part to Owner B. A no longer owns anything
My question is this: What percentage of the property does B now own? WHat percentage does C now own, and what percentage does D now own?
Second part, and most important part of the question is this:
Is the property now held as a tenancy in common or a joint tenancy? Or could it be partly a joint tenancy and partly a tenancy in common? I was told that B now owns 50%of the property, half of that 50% as a tenant in common with C and D, and half of the 50% as joint tenants with C and D
C and D remain owners of 25% of the property each ,as JTWRS with each other, and also with the 25% that B holds as JTWRS, and that the other 25% B holds as a tenancy in common
A:
Second question first - the transfer changed the property ownership to tenants in common.
First question second - each party now has one-third unless there is contrary wording specifically changing that.
Here is a portion of the Title Note published by The Fund, a statewide underwriter:
B and C deeded the property to D. D conveyed to X. The question is whether the deed by
B and C to D without the joinder of D is sufficient.
A joint tenant without the consent of the other joint tenant may terminate the joint
tenancy by a conveyance of his interest in the property to a stranger. D.A.D., Inc. v.
Moring, 218 So.2d 451, at 452 (Fla. 4th DCA 1969); and Harelik v. Teshoney, 337 So.2d
828 (Fla. 1st DCA 1976). A joint tenancy may also be terminated by a conveyance from
one joint tenant to the other joint tenant, and even by one joint tenant conveying to herself,
Countrywide Funding Corporation v. Palmer, 589 So.2d 994 (Fla. 2d DCA 1991). In the
authority cited there appears to be no requirement that the other joint tenant must consent
to or join in the conveyance which terminates the joint tenancy.
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