How can a Joint Tenancy be severed?

A Joint Tenancy can be severed through a partial conveyance of the property. This occurs when one joint tenant transfers their interest in the property to another party, which changes the nature of the concurrent ownership from joint tenants to tenants in common. This is significant because a Joint Tenancy is characterized by the right of survivorship, where upon the death of one joint tenant, their interest passes automatically to the surviving joint tenant(s). However, once a joint tenant conveys their interest, the right of survivorship is lost for the transferred interest, and the ownership structure is altered.

In contrast, executing a mortgage alone does not sever a Joint Tenancy because it does not transfer ownership. Mortgages typically involve a lien being placed against the property rather than a change in ownership. A court order can address various disputes regarding property, but it is not a mechanism for severing a Joint Tenancy on its own. Selling to an outside party also involves the severance of the Joint Tenancy if the selling joint tenant conveys their interest, but if the property is sold as a whole to an external party, the Joint Tenancy is effectively terminated anyway.

Thus, the mechanism of severance through partial conveyance is distinct and directly alters the nature of the ownership in