What is created when a joint tenant conveys their interest to someone else?

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When a joint tenant conveys their interest to someone else, it creates a tenant in common. Joint tenancy is characterized by the right of survivorship, where if one joint tenant passes away, their interest automatically transfers to the remaining joint tenants. However, if a joint tenant decides to convey their interest to another individual, this action severs the joint tenancy. The new owner receives a share of the property as a tenant in common, meaning they now hold an individual interest in the property but do not have the right of survivorship.

This transition is significant because it alters the nature of ownership among the original and new owners. Unlike joint tenancy, tenants in common can own unequal shares and, upon the death of a tenant in common, their share is passed on to their heirs or beneficiaries rather than to the other co-owners.

The other terms do not apply in this scenario. A life estate pertains to the ownership of property for the duration of someone’s life, intestate property refers to assets owned by someone who has died without a will, and a servient estate involves the rights of a property owner who allows another party to use their land. None of these terms reflect the situation where a joint tenant conveys their interest, as tenant in common accurately describes the

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