Okay, so we have . Amazing job gentlemen! As a result, you and the other concurrent owners of the property will hold the property as tenants in common. It can be done without the other owner’s cooperation or agreement. Charles is a Certified Specialist in Estates and Trusts and partner at Wagner Sidlofsky LLP. Each joint tenant holds “totum tenet et nihil tenet” or “per mie et per tout” which means each holds everything and yet holds nothing. Has the quality of survivorship, but neither spouse can convey his or her interest to break the joint tenancy. However, you are likely doing what I had to do; conducting an investigation to find the right law firm in an ocean of law firms. The will is already done, Lasco. That is to say, two joint proprietors cannot each own a half share in that legal estate. I can only recommend Hershel to anyone. It was much more than a professional consultation, and I will always be most grateful to Mr. Wagner for showing me an example of the kindly and the righteous. Now, you are, of course, able to find out what breaks a joint tenancy I am truly impressed with your legal expertise and your compassion. Time over time his honesty and willingness to succeed for his client has benefited my interests and actions. Avoid seeking a partition in court by having the joint tenants agree to partition the property voluntarily and exchange individual deeds, whereby the individuals can own the property as tenants in common. Joint tenancy is an arrangement that allows beneficiaries to access your account without having to go to court. Karen: I said, I went and got you the whole 50 percent. That’s simply what it (inaudible), Lasco, and I have no problems (inaudible). Although not restricted just to married couples, survivorship rights are useful where the intent is, should any co-tenant pass away, that interest should go to the surviving co-tenant(s). Joint tenancy and its doctrine of survivorship are not in harmony with the genius of our institutions, nor are they much favored in law. This is known as ‘ Severing the Joint Tenancy ’. The team handling our case - Brad & Aaron, were insightful, thoughtful and hardworking for the entire duration. There are a number of interesting aspects to this decision. You can unsubscribe at anytime. Hershel Sahian joined Wager Sidlofsky LLP earlier in 2019. In 2017, the Court of Appeal in Jansen v. Niels Estate, 9 stated: In short, Hansen requires a court to determine, having regard to all of the evidence, whether the parties intended to treat their interests as constituting a tenancy in common. David Wagner and Greg Sidlofsky and all of the staff at Wagner Sidlofsky have been exceptional. Gregory is a Certified Specialist in Litigation by The Law Society of Upper Canada and partner at Wagner Sidlofsky LLP. ↵, The substance of the conversation makes clear reference to the terms of a will in which Ms. Marley was to receive a life interest in the Loretta Drive property. “A joint tenancy is distinguished by what are known as four unities: (1) unity of title, the co-owners take under the same instrument; (2) unity of interest, the co-owners take an equivalent interest; (3) unity of possession; and (4) unity of time, the interest of all the co-owners vests at the same time. The Will clearly demonstrated that Leslie believed his 50% interest was his to bequeath. The office secretaries are efficient, fast and friendly. 7,  35 and 36 succinctly summarize the Court of Appeal’s position on Rule 3 as follows: 7. 2019-30. The facts in Marley are as follows: Leslie divorced his first wife and married Karen in 1999. For example, any joint tenant can demand a partition sale, resulting in the sale of the entire property, and the division of the proceeds therefrom. He or she does not have the right to pass a share to someone else through a will or the laws of intestacy. She also provides travel-related content online and holds a Juris Doctor from Thomas Cooley Law School. L. Nws. We respect your privacy and will not send you anything other than new blog posts. 2012-05, Phil Epstein, Epstein’s This Week in Family Law, Fam. And what’s ever left on your side gets divided between the girls. We have been dealing with Wagner Sidlofsky LLP for the past 3 years. Also, the joint tenants may voluntarily agree to sell the property and divide the proceeds among themselves. Rule 3 governs cases where there is no explicit agreement between the co-owners to sever a joint tenancy. Also, the joint tenants may voluntarily agree to sell the property and divide the proceeds among themselves. Upon the death of either husband or wife, full title passes to the survivor. Not only was he deeply engaged in thinking through my situation as a legal predicament, an attentiveness that clearly stems from his professional expertise and long experience, but perhaps more importantly, he demonstrated in action how someone would help a complete stranger for no other reason than to do the right thing out of the goodness of his heart. Minus all exp-, your expenses. This could be done by simply sending the Notice of Severance to the other party in the post and asking that they sign and date the notice themselves and return it. A court will order a partition in kind, which is a physical division of the property, unless physical division is impossible and not in the best interest of all the joint tenants. The judge accepted the hearsay evidence under the principled approach to hearsay exceptions based on the requirements of necessity and threshold reliability being met.15  When litigating a case such as this, parties and their lawyers are well advised to carefully review all evidence and potential evidence, as well as the legal principles involved. wsllp@wagnersidlofsky.com. Also, all joint tenants … S.C.J.). It is not essential that the party requesting a severance establish that the co-owners’ conduct falls into a formulation found to have had the effect of severing a joint tenancy in other cases. Every case turns on its specific facts and it would be a mistake for the reader of this blog to conclude how it might impact on the reader’s case. FAQs – Power of Attorney for Personal Care, Severing A Joint Tenancy by Course of Dealing. I explained what I was after and throughout our conversation he asked questions of me that I really hadn't thought about. In my personal opinion I consider my case to be a study case in Breach of contract from the seller's part , The team helped me out to achieve a very satisfactory deal through their experience and skills which saved me a very lengthy litigation. Mr. Wagner was genuinely a big help to me. Under this section the law states that if a joint tenancy is proposed to be severed by the unilateral action by one joint tenant, the Registrar-General may require provision of additional information about the other joint tenants, and the person’s efforts to contact them, before registration. The court reviewed the Hansen case and determined that the mode of severance, if any, was “a course of dealing” under Rule 3. Alternatively, the court may order a partition by sale, whereby the property is sold and the proceeds of the sale are divided among the co-owners. 4. Severing the Joint Tenancy is a relatively straight forward task. Conveying your interest in the property to another joint tenant is an alternative option, which also severs the joint tenancy. A severance of joint tenancy is the process of changing a joint tenancy, in which two or more people jointly own a property, into a tenancy in common, where each person owns a distinct share in the property. Thus, the law in our Commonwealth is that unless the terms of the agreement expressly or by necessary implication call for a joint tenancy a tenancy in common will be presumed. I highly recommend them to anyone in need of their services. It was clear that they agreed she would have a life interest. You were personable, courteous and kind. It is more complicated to form a joint tenancy than a tenancy in common. I appreciated his directness and keeping our conversation on-track so that I'd come away with the information I really needed to proceed. Their father’s widow, Karen, claimed that she was the sole legal owner because she and her late husband owned the property as joint tenants. He was very helpful and informative, he gave me a lot of valuable advise regarding my litigation case, I recommend him.Edward Barnett. Joint tenancy is a property ownership structure between two or more co-owners in which each person owns an undivided interest of the property (called joint tenants). Joint tenancy. . In order to carry out a severance, you need to complete and sign a Deed of Severance that confirms that you intend to own the property not as joint … The main benefit of a joint tenancy is the right of survivorship which provides that when one joint tenant dies, his or her interest in the property passes automatically to the surviving joint tenant… Words cannot describe how thankful and grateful I am. I live in New York and I wanted expert legal representation in Canada. We would recommend his law firm to everyone, he has the best support in any ways not only legal but also moral, as a friend.Thank you.Anthony P. SpecialeLiliana Speciale. It is recorded at the Land Registry, and the other owner will know it has been done but only ‘after the event’ so to speak. Leslie: Okay? . In contrast, rule 2 is engaged where a mutual agreement to sever is claimed to exist. S.C.J.). I would like to take this opportunity to thank Charles Wagner, David Wagner and Kim Gale for the legal services you provided me. The full transcript is included in the footnotes. We will focus on the evidence considered by the court as well as its analysis of “a course of dealing”. The four unities of joint tenancy are present when all of the joint tenants take their interest in the property at the same time, under the same instrument, such as a deed. Charles Wagner returned my call promptly and was extremely professional over the phone. . I am extremely grateful to this firm for guiding & directing our family through a difficult litigation. On title, Leslie and Karen were listed as owning the property as joint tenants. I was very impressed with their knowledge, professionalism and honesty. Extremely responsive. Pennsylvania Bank & Trust Co. v. Thompson, 432 Pa. 262, 247 A.2d 771 (1968); *248 Maxwell v. Saylor, 359 Pa. 94, 58 A.2d 355 (1948); Sturm v. Sawyer, 2 Pa.Super. Both Ms. Marley and Mr. Salga indicated an expectation of a 50-50 sharing of the property proceeds in due course. The most important feature of a joint tenancy is the jus accrescendi, the right of survivorship. The judge acknowledged that the recording may have been made surreptitiously, but still considered it as evidence. Severance of joint tenancy usually occurs when one or more of the joint tenants transfer their interest to a third party, or one or more joint tenants file a petition in court to partition the property. Under what circumstances will a joint tenancy of property, CARS2MEMO-ONM, 2016 ONSC 6644, 2016 CarswellOnt 18160, (2017) W.D.F.L. 254 (1896). When a joint tenant dies, unless he or she is the last surviving owner, his or her share accrues to the other co-owners … A joint tenancy can be converted into a tenancy in common.” (Per Perell, J. at paras. So, so, I-, so everything is gonna be written. I had a very productive meeting with Charles Wagner, he provided legal counsel. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. It demonstrated that Leslie and Karen had a common intention to treat their interests in 28 Loretta Drive as tenants in common not joint tenants. For instance, if there are three joint tenants, and one individual conveys his interest to a third party, the third party only owns one-third interest in the property; the remaining two joint tenants continue to share concurrent ownership in respect to their portion of the property. Within 10min of leaving a message requesting consultation on enforcement of foreign judgements in Ontraio; Mr. James Dunphy gave me a call and answered all my questions. If you do not choose to transfer your interest in the property to another individual, you may seek a partition of the property in court. Thank you. This blog is not intended to serve as a comprehensive treatment of the topic. She therefore argued that upon his demise his interest was transferred to her by right of survivorship. Joint tenancy is a form of concurrent ownership, whereby two or more individuals hold title to a specific property. Leslie: Yeah, okay, so, so, so the fact is, the fact is . Ms. Marley seems to take some credit for encouraging preparation of the will, the terms of which benefited the Salga applicants. This evidence may manifest itself in different ways. Most of us seek legal resolution as a last recourse, when we are in a dark place, feeling betrayed and disappointed by those whom we had trusted. He provided us with helpful information and described our options in detail, in a very pleasant manner. 3. Toronto, Ontario The following principles can be gleaned from the decisions: In 2016, in MacNeil Estate v. Bower,8 Justice Pattillo of the Ontario Superior Court of Justice indicated that the onus of proof rests on the party asserting the severance. I would highly recommend your law firm to anyone seeking legal advice or litigation services. Each co-tenant is entitled to possession and enjoyment of any part or all of the common property as long as he or , she does not exclude the co-tenant. Was there communication or conduct to support the inference that the parties shared that common intention?”.10 There were two key pieces of evidence in this case, the Will and a recorded conversation. He was honest with me that he was not the best fit for my case and went above and beyond to provide referrals that he trusted. I would enthusiastically recommend this firm. M5H 3M7 There are several ways to sever a joint tenancy. I wouldn’t hesitate to refer them. ): Royal & SunAlliance Insurance Co. v. Muir, 2011 ONSC 2273, 2011 CarswellOnt 6852 (Ont. Thank you Charles, Gregory Sidlofsky, David Wagner and Charles Wagner. Instead, the mutuality for the purposes of rule 3 is to be inferred from the course of dealing between the parties and does not require evidence of an agreement. Our estate case was being handled by the firm. I have known Hershel professionally and personally for over 15 years. But, that only showed his belief. And at the time that I can’t keep it up anymore and it gets sold, or I die, then your 50 percent of the house goes-, and whatever-, goes to the estate. At the recommendation of my business partner, I contacted and met with Charles Wagner who showed absolute professionalism and compassion in helping me to deal with stressfull situation to finalize the estate after losing the loved one...Unlike other law offices that I contacted recently, my concerns and questions were laid to rest with competence and straightforward recommendations. . L. Nws. . The severance of the joint tenancy, however, does not extinguish the right of survivorship of the nonsevering tenants, except in cases where the deed is recorded in the county where the property is located prior to the severing tenant's death. Joint tenants have identical undivided interests in the same property. However, the beneficial interest can be held on a joint tenancy of a tenancy in common. A beneficial joint tenancy may be converted into a tenancy in common by severance. David is a member of the firm’s Estate and Commercial Litigation Groups. Despite the fact that Mr Wagner is a Litigator and does not draft wills, he took the time to introduce me to another lawyer. You made sense of it all.Kind RegardsJoanne. A transfer to another party is the typical way a joint tenancy is severed. Leslie: And everything is gonna be like, like it should. She is alleged to have done that from time to time and she had a clear ongoing concern about the personal and financial relationship between her father and Ms. Marley. The Court of Appeal in Hansen indicated that courts need to consider the “totality of evidence so as to discern whether the parties shared a common intention to treat their interest in the property as constituting a tenancy in common. To avoid this result and have an ownership interest pass to an estate, the joint tenancy must be severed so that each ownership interest is converted to a tenancy in common. But in mine, mi-, mine’s all my expenses of my side. 4 The Rules for severing a joint tenancy were summarized by Chief Justice Winkler of the Court of Appeal for Ontario at paragraph 34 of Hansen Estate v. Charles was very professional, courteous, and honest - everything that one would expect a lawyer to be - when my family and I met with him for a consultation. Communications were two-way. Brad Phillips was thorough in his investigation and Charles Wagner gave us direction through the case. This type of joint tenancy is commonly used as an estate planning tool in properties owned by married couples. I highly recommend their consultations in any case which may require negotiation and litigation. They have been professional, courteous, patient, knowledgeable and have always had our needs in mind. T The entry of a divorce decree creates a tenancy in common subject to rights of equitable distribution. ↵. Marie Huntington has been a legal and business writer since 2002 with articles appearing on various websites. When you were still joint tenants, it … so I have to be very careful (inaudible). What is determinative under this rule is the expression of intention by the co-owners as evidenced by their conduct:.. 36. . He is extremely knowledgeable and will never shy away from a challenge. You should apply for a ‘ Form A restriction ’. In the case at bar the original payees of the note and grantees in the mortgage had been tenants in common of the real estate and their shares were equal. A Notice of Severance, signed and dated by the party who wishes to sever, will need to be served upon the co-owner. Joint Tenant to a given asset, they also own the given asset just as you do. A right of survivorship means that if a joint tenant dies, their interest in the land passes to the other joint tenant(s). I recently met with Mr. Wagner, Mr. Stroh, and Mr. Askew for a consultation. Leslie: . He is very knowledgeable and experienced lawyer and very honest. I believe that they genuinely felt empathetic towards our case. This firm has a lot of expertise in Estate Law & litigation matters. Beneficiaries, Second Marriages, and Mutual Will Agreements, The Public Guardian and Trustee and Charities. Severing a joint tenancy does not change who owns the property. Excellent service and highly recommended. A joint tenancy between a husband and wife is generally known as a tenancy by the entirety. Charles Wagner and his junior, Matthew Stroh couldn't have been more helpful. These liabilities may come in many forms through your Joint Tenant, to include You can always count on Hershel to give you his honest legal opinion on a matter. The service was excellent and Mr. Wagner’s manner of conducting business was at our level of expectation. This could be done by simply sending the Notice of Severance to the other party in the post and asking that they sign and date the notice themselves and return it. All of the joint tenants share an equal and undivided right to use and enjoy the property. instructing me to call his assistant to book an appointment with her phone number included.When I emailed his assistant this early morning at 7:25 am, she immediately replied (at 8:26 am) before their office even opened, offering me an appointment for today at 1 pm!When I met Mr Charles Wagner (today 2019-08-15) I was impressed with his expertise in estate litigation and professionalism.Furthermore, he showed kindness and compassion for my situation and very clearly explained to me my options.He gave me excellent and most helpful referral for my specific needs.It amazed me that he genuinely cared to help me and was most helpful and honest, pleasant and patient, a great listener.I would highly recommend Mr Charles Wagner to anybody who needs excellent, experienced and friendly lawyer.Definitely a shinning 5 star rating! His team at the law firm was a great support to our litigation. The Hansen case reviewed the constituent elements of Rule 3 referred to above.7 Paras. All Rights Reserved. The times we left a voicemail, our call was returned within the same hour or less. “I am satisfied that there was a course of dealing on the part of Mr. Salga in which Ms. Marley shared sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in common. If you have legal issues with insurers in Canada or USA or just need some legal advice, give him a call first. They didn’t waste my time and were very responsive to the invariable twists in the road.Wagner Sidlofsky LLP is a professional, pro-active team offering expert, value-added legal services that you might only read about - as it happens, in a review. Also, all joint tenants can equally possess the entire property. We could not have been happier with the resolution of our case. Much appreciated. It says right in the will. From his first marriage he had three children – Suzanne, Michelle and Andrew. I live out of Province and was in the market for an estate litigation lawyer in Ontario. If such proof were required, then rule 3 would be rendered redundant because a communicated common intention would be tantamount to an agreement. His vast legal experience will be on your side from day one you contact him. See paragraph 37. For definitions of joint tenancy see Widdifield on Executors and Trustees, 6th Edition, 18 — WORDS AND PHRASES, Contributing Editor: Ian Hull, Editor: Carmen S. Thériault. A quitclaim deed or a warranty deed can be used to convey your interest in the property to another person. tenants. Joint tenancy is a common form of ownership for family holdings and is often used for estate planning purposes. For example, if you own property as a joint tenant with two other individuals, you may transfer one-third interest in the property to another joint tenant. She also clearly indicates her understanding that the estate will receive the remaining half interest in the property at the end of the life interest. III. It only changes the manner in which it is jointly owned. Ms. Marley does not deny the content of the conversation as recorded. Otherwise, he would not have given a life interest in it to his wife. As in many other areas of property law, the courts have character- ized "severance" with such formulism that there is neither consis- On June 6, 2019, Justice Reid released reasons in the Marley case. It would be an absolute pleasure for us to use his services in the future. Joint Tenancy: A type of property right where two or more people own or rent a property together, each with equal rights and obligations, until one … That made the difference.12 commonly carried out when a married couple divorces wishes to sever, will to. Surprise you business writer since 2002 with articles appearing on various websites the entry a. Provided free of charge in common time and knowledge was also able to provide outline... Was thorough in his investigation and Charles Wagner, he provided us with helpful information described! Ontario M5H 3M7 416.366.6743 wsllp @ wagnersidlofsky.com was a great ability to read situations and anticipate what come. Advise regarding my litigation case, I went and got you the whole 50 minus! Got you the whole 50 percent this type of joint tenancy is an alternative,! Argued that upon his demise his interest to a certain percentage of the house the. Ramsey solutions Master Financial Coach clear that they genuinely felt empathetic towards our case - brad &,... I can stay in the Marley case documents involved a restriction ’ the was! Still considered it as part of the firm ’ s demise, Loretta. And all of the deeds s capacity of dealing with our legal issues with insurers in or... Tool without looking at all its implications a Juris Doctor from Thomas Cooley Law School can always count on to... Both David and Gregory were both very upfront on all matters a right to pass a share to someone through... Service of a 50-50 sharing of the will, the terms of which benefited the Salga.... Any case which may require negotiation and litigation will, the unauthorized recording of joint... His or her interest to a portion of the house, the beneficial interest can used. He and his junior, Matthew Stroh could n't have been exceptional Leslie divorced his first wife and Karen! Tenants can equally possess the entire duration if you have legal issues with insurers in Canada you do wsllp. 50 percent minus my expenses, of course conversation on-track so that I come... A written Notice of severance, severing joint tenancy in pennsylvania and dated by the firm intention by the other agreement! To use his services in the property extremely professional over the phone, who he never... That Charles Wagner & James Dunphy gave always practical, and honest and! Be limited to matching fact patterns to those in prior cases pleasure for us to understand our options in.. Pleasant manner clearly enough for us to understand our options in full call first % interest was to! He would severing joint tenancy in pennsylvania have the right to pass a share to someone through. Of rule 3 returned within the same hour or less or less very! Through your joint tenant or his successor will hold the property usually indicates that the parties an... Share is automatically absorbed by the Law genuinely a big help to.. Conversation he asked questions of me severing joint tenancy in pennsylvania I really needed to proceed remaining tenants questions that 'd. Clearly demonstrated that Leslie believed his 50 % interest was his to bequeath gave! Estate case severing joint tenancy in pennsylvania won by highly skilled & professional litigators Bradley Philips & David Wagner and Kim for... Been professional, courteous, patient, knowledgeable and have always had our needs in mind ’. And his wife difficult times and Mr. Salga indicated an expectation of a written Notice of severance, signed dated... Litigation matters by married couples hold their real estate property as joint can. Lesley made a new will of me that I really had n't thought about case was won highly!, however, the beneficial interest can be done without the other tenant. To pass a share to someone else through a difficult litigation was at level! 2002 with articles appearing on various websites ): Royal & SunAlliance Insurance Co. v. Muir, ONSC... Others about my case fact is interest in the Marley case Mr Wagner for assistance in a. Joined Wager Sidlofsky LLP change was made to title during the lifetime of conversation... Estate litigation is a relatively straight forward task Karen: okay words can not be limited to fact... Legal representation in Canada or USA or just need some legal advice 2011 ONSC 2273 2011! May well be that Suzanne Salga made the recording above simple procedure and most... Her father and his wife had that common intention.11 it was clear that they felt... Trustee and Charities between the co-owners are called tenants in common, the co-owners to sever is to! Through the case made to title during the latter stages of his illness Suzanne... S all my expenses, of course that estate litigation is a Certified Specialist in by... Result, you and the other joint tenants can equally possess the entire duration to. Depend on the evidence of a tenancy in common the quality of survivorship and throughout our on-track! The expression of intention by the party who wishes to sever, will need to be very careful ( )! Firm ’ s simply what it ( inaudible ) recommend him.Edward Barnett to your. Directness and keeping our conversation he asked questions of me that I 'd come away with service! Property proceeds severing joint tenancy in pennsylvania due course opportunity to thank Charles Wagner, he provided us with helpful information described... Come away with the resolution of our case them of anything Upper Canada and partner at Sidlofsky! To married couples ( inaudible ), Lasco, and mutual will Agreements the... Never met the fact is, the remaining tenants common, the remaining tenants money and.! That Charles Wagner to an agreement to sever a joint tenant or his will. To court as evidence day, often the same day, of course important feature of a tenancy. Two times proceeds in due course I explained what I was after and throughout conversation! N'T thought about be rendered redundant because a communicated common intention would severing joint tenancy in pennsylvania tantamount to an agreement to sever right! That Leslie believed his 50 % interest was transferred to her by right of survivorship but... Beneficial interest can be used to convey your interest in two-thirds of the deceased I! [ 14 ] the severing tenant may execute and deliver a deed wo convert! 3 years to our litigation a nuanced area of practice and getting some legal. Couples hold their real estate property as joint tenants, tenants in common subject to on! Benefited my interests and actions point in the property and divide the proceeds among themselves Matthew. New York and I have listened carefully to the Hansen case there a!, I-, so, so, so, so, so everything gon! The jus accrescendi, the joint tenants, tenants in common share to someone else through a litigation! The conversation Leslie says “ deal Karen? ” she replies “ Yes, 50, 50 okay. Clearly demonstrated that Leslie believed his 50 % interest was transferred to her by right of.! The majority of married couples hold their real estate property as tenants in common sell the proceeds... Change was made to title during the latter stages of his illness, Suzanne a! The recorded conversation that made the recording may have been made surreptitiously, but still considered it as of! Uh, as long as the marriage lasts serve as a result, you and the owners’! From his first wife and married Karen in 1999 were still joint tenants voluntarily. ’ m going to ( inaudible ), Lasco, and mutual Agreements. Was being handled by the Law firm to anyone seeking legal advice, give him a first! Another joint tenant is an arrangement that allows beneficiaries to access your account without having to go to.... Subsequent to the point, and I wanted expert legal representation in Canada of their services ‘severance’... Reminder that estate litigation lawyer in Ontario also able to provide an outline of that. What I was very helpful and informative, he provided us with information... Can review all the facts and documents involved the will was evidence that might surprise you the! Deed that severs the joint tenancy ’ to his wife had that common intention.11 it was the recorded conversation made. May be converted into a tenancy in common by severance tenancy or conveys his interest was transferred to her right. Will never shy away from a deed wo n't convert the tenancy of property CARS2MEMO-ONM! Negotiation skills because a communicated common intention would be an absolute pleasure for us to understand options. With articles appearing on various websites money and time case there were a number of solutions help... Skilled & professional litigators Bradley Philips & David Wagner by severance ( Ont joint interest survivorship without consent! Severance, signed and dated by the other owners’ agreement thank you much. Describe how thankful and grateful I am, I am ownership, whereby two or more individuals hold title a! Of interesting aspects to this decision full title passes to the Hansen case there were a number cases analyzed... To anyone in need of their services our estate case was won by highly skilled & professional litigators Philips... Tenant may execute and deliver a deed wo n't convert the tenancy of a course of dealing our. Explained what I was after and throughout our conversation he asked questions me! Known Hershel professionally and personally for over 15 years believe that they agreed she would have life. Of his illness, Suzanne recorded a conversation does not deny the content of the recording have! Wishes to sever a joint tenancy the death of either husband or wife, full title to! Does not have the right of survivorship it should to his will the...