CHARLES HARELIK, APPELLANT,
v.
LILA H. TESHONEY, APPELLEE
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Charles Harelik and his mother Stella took title to property as joint tenants with rights of survivorship in 1969. When Stella conveyed her interest to a third party in 1972 while retaining a life estate, she severed the joint tenancy. The court held that one joint tenant may unilaterally terminate the right of survivorship by conveying her interest to a stranger, destroying the required unities of title and possession.
Yes. A joint tenant may unilaterally sever a joint tenancy by conveying her interest to a stranger. Such a conveyance destroys the unity of title and unity of possession required to maintain a joint tenancy, thereby extinguishing the right of survivorship.
[1] A joint tenancy with the right of survivorship is severed and the right of survivorship is extinguished when a joint tenant conveys their interest to a third party, there…
[2] An act by one joint tenant that destroys any of the four unities (interest, title, time, or possession) severs the joint tenancy and extinguishes the right of survivorshi…
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Join FLexlaw to unlock all legal intelligence“May one joint tenant under a warranty deed establishing a joint tenancy with the right of survivorship unilaterally terminate the right of survivorship?”
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Join FLexlaw to unlock all legal intelligenceOn March 27, 1969, Esther M. Lawrence conveyed property in Volusia County to Charles Harelik and his mother Stella as joint tenants with full rights o…
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RAWLS, Acting Chief Judge.
On the 27th day of March, 1969, Esther M. Lawrence conveyed a parcel of land in Volusia County to Charles Harelik (appellant-plaintiff), a single person, and Stella Harelik, his mother, a widow and single woman, as joint tenants with full rights of survivorship in each, and not as tenants in common. Stella, on October 31, 1972, conveyed the same property to Lila H. Tesho-ney (appellee-defendant), reserving unto herself a life estate. Charles did not join in the latter conveyance. On April 16, 1975, Stella died. Charles filed the instant suit claiming fee simple title by reason of his survivorship. Thus, we are confronted with the following issue: May one joint tenant under a warranty deed establishing a joint tenancy with the right of survivorship unilaterally terminate the right of survivor-ship?
By its summary final judgment in favor of the defendant holding, inter alia, “that the parties hereto own the subject property as tenants in common”, the trial court answered in the affirmative. We agree and affirm.
The controlling case is Kozacik v. Kozacik.
There, Mr. Justice Sebring, speaking for the Florida Supreme Court, stated:
“The court decisions and text authorities make it plain that four coexisting unities are necessary and requisite to the creation and continuance of a joint tenancy; namely, unity of interest, unity of title, unity of time, and unity of possession. Any act of a joint tenant which destroys either of these unities operates as a severance of the joint tenancy and extinguishes the right of survivorship. See 4 Thompson on Real Property, Perm.Ed., Sec. 1776, 1778, 1780; Tiffany on Real Property, 2d Ed., Sec. 191, pp. 625-635; 33 C.J. pp. 903, 907, 908, Joint Tenancy, Secs. 4, 9, 10. Stated differently, the authorities are in agreement that a joint tenancy may be terminated by any act which destroys one or more of its unities, provided the act of the joint tenant who severs his interest is such as to preclude him from claiming by survivorship any interest in the subject matter of the joint tenancy. See In re Wilks, , 3 Ch. 59; 33 C.J. 908, Joint Tenancy, Sec. 10. Accordingly, it is settled that a joint tenancy will be terminated by the alienation or conveyance by a joint tenant of his interest in the realty to a stranger, for by such act the unity of title is destroyed and the unity of possession is gone.”
The judgment appealed is AFFIRMED.
MILLS and SMITH, JJ., concur. . Kozacik v. Kozacik, 157 Fla. 597, 26 So. 2d 659 (1946). See also D. A. D., Inc. v. Moring, 218 So. 2d 451 (4 Fla.App.1969); and LaPierre v. Kalergis, 257 So. 2d 33 (Fla.1972).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Wittock v. Ramponi, 446 So. 2d 271 (Fla. 4th DCA 1984)…t tenant to a stranger. The joint tenancy between Susanne Erickson and Martha Ramponi was terminated upon Susanne Erickson’s conveyance of her interest in the tenancy to herself and her husband, John E. Erickson, a stranger. See Harelik v. Teshoney, 337 So. 2d 828 (Fla. 1st DCA 1976), cert. denied, 341 So. 2d 1082 (Fla.1976). Also, see Kozacik v. Kozacik, 157 Fla. 597, 26 So. 2d 659 (Fla.1946). At that point, the Ericksons became tenants in common with Ramponi. Accordingly, relief cannot be awarded where the…
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Weise v. Kizer, 435 So. 2d 381 (Fla. 5th DCA 1983)…ang, 100 Ariz. 196, 412 P. 2d 697 (1966); In Re Sprague’s Estate, 244 Iowa 540, 57 N.W. 2d 212 (1953); Panushka v. Panushka, 221 Or. 145, 349 P. 2d 450 (1960); Yannopoulos v. Sophos, 243 Pa. Super. 454, 365 A. 2d 1312 (1976). . Harelik v. Teshoney, 337 So. 2d 828 (Fla. 1st DCA 1976). . Register of Wills for Montgomery County v. Madine, 242 Md. 437, 219 A. 2d 245 (Md.Ct. App.1966); see In re Baker’s Estate, 247 Iowa 1380, 78 N.W. 2d 863 (1956); Hughes v. DeBarberi, 171 Neb. 780, 107 N.W. 2d 747 (1961); Annot…
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Foucart v. A.B. Paul, Jr., 516 So. 2d 1035 (Fla. 5th DCA 1987)…91 So. 2d 1274 (Fla. 2d DCA 1986) (consideration of "love and affection” did not render quit-claim deed invalid”). .Kozacik v. Kozacik, 157 Fla. 597, 26 So. 2d 659 (1946); Wittock v. Ramponi, 446 So. 2d 271 (Fla. 4th DCA 1984); Harelik v. Teshoney, 337 So. 2d 828 (Fla. 1st DCA), cert. dismissed, 341 So. 2d 1082 (Fla.1976).…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Kozacik v. Kozacik, 157 Fla. 597 (Fla. 1946)
- D. A. D., Inc. v. Moring, 218 So. 2d 451 (Fla. 4th DCA 1969)
- Honore M. LaPIERRE v. Kalergis, 257 So. 2d 33 (Fla. 1971)