What Is Severance of a Joint Tenancy?
Severance of a joint tenancy is the act that breaks the right of survivorship between co-owners, converting a joint tenancy into a tenancy in common. Once severed, a deceased owner's share no longer passes automatically to the surviving co-owner; instead, it passes through that owner's estate to their own heirs or beneficiaries.
How a Joint Tenancy Is Severed
- One joint tenant conveys (deeds) their interest to a third party — or even to themselves as a tenant in common
- A court-ordered partition divides the property
- Certain liens, mortgages, or agreements among the owners can sever the tenancy, depending on the facts
Severance in Florida
Florida recognizes joint tenancy with right of survivorship when it is clearly stated in the deed. A single joint tenant can usually sever their own interest without the others' consent, destroying the survivorship feature as to that share. Spouses, however, often hold property as tenants by the entireties, a form that generally cannot be severed by one spouse acting alone. Because severance changes who inherits, owners should understand its effect before transferring an interest.
Related Terms
- Ownership Interest — What severance reclassifies
- Tenancy in Common — The result of severance
- Tenancy by the Entireties — The spousal form resistant to unilateral severance
Barnes Walker Real Estate
Barnes Walker's attorneys advise Florida co-owners on how title is held, severance, and survivorship. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC