Executive Committee General and Solo/Small Practice Section Supports Legislation to Amend Joint Tenancy Statute - Articles

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Posted by: Jarod Word on Feb 15, 2018
 At their monthly meeting held February 7, the Executive Council of the TBA General-Solo-Small Practice Section voted unanimously to support legislation to amend TCA Section 66-1-107 on Joint Tenancies. Where a conveyance creates a "joint tenancy with rights of survivorship" expressed as such, one co-tenant would not be able unilaterally to destroy the rights of survivorship in other co-tenants by conveying his or her interest to a third party. Other co-tenants with survivorship rights would need to join in the conveyance. This legislation was introduced in the House by Representative Keisling (HB 1924) and in the Senate by Senator Yager (SB 2001). 
 
It is intended to change the result in Bryant v. Bryant  No. M2014-02379-SC-R11-CV (Tenn., 2017). After mother made a deed for a "joint tenancy with rights of survivorship" to her son and herself, later she made a deed "for her interest" to her grandson.  Following her death, the majority held that the deed she made to her grandson terminated the survivorship rights he son had. The son and the grandson now held the property as tenants in common. Justice Lee filed a dissenting opinion
 
"The executive council recommends that its members contact their representatives to support this legislation. Its importance applies to land titles, the expectations of the parties to deeds that the words mean what they say and without their knowledge or consents their rights cannot be destroyed," said Jim Romer, section chair.
 
The up-to-date progress of this legislation can be found here.