Property OwnershipIntermediateCalifornia Exam

Under California law, how can a joint tenancy be severed by one co-owner without the consent of the other joint tenants?

ABy recording a declaration of severance or conveying their interest to a third partyCorrect
BOnly by filing a partition action in court, consistent with common law property ownership principles
COnly with written consent of all joint tenants, per standard California real property conventions
DBy simply moving out of the property, under standard California property ownership law

Why By recording a declaration of severance or conveying their interest to a third party Is Correct

Answer A: By recording a declaration of severance or conveying their interest to a third party

In California, a joint tenant can unilaterally sever the joint tenancy by conveying their interest to a third party or even to themselves via a recorded deed, or by recording a written declaration of severance. No consent from other joint tenants is required, and the severed interest becomes a tenancy in common.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

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