§ 240-C — Joint tenancy severance

New York § 240-C

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 8: Conveyances and Mortgages

Text

§ 240-c. Joint tenancy severance. 1. In addition to any other means by\nwhich a joint tenancy with right of survivorship may be severed, a joint\ntenant may unilaterally sever a joint tenancy in real property without\nconsent of any non-severing joint tenant or tenants by:\n (a) Execution and delivery of a deed that conveys legal title to the\nsevering joint tenant's interest to a third person, whether or not\npursuant to an agreement requiring the third person to reconvey legal\ntitle to the severing joint tenant; or\n (b) Execution of a written instrument that evidences the intent to\nsever the joint tenancy, including a deed that names the severing tenant\nas the direct grantee of the severing tenant's interest.\n 2. No severance of a joint tenancy pursuant to subdivision one of this\nsection shall terminate the right of survivorship of any non-severing\njoint tenant or tenants as to the severing tenant's interest unless the\ndeed or written instrument effecting the severance is recorded, prior to\nthe death of the severing tenant, in the county where the real property\nis located.\n 3. Nothing in this section shall limit the manner or effect of:\n (a) A severance of a joint tenancy pursuant to a written instrument\nexecuted by all joint tenants, or pursuant to a written agreement of all\njoint tenants.\n (b) A severance of a joint tenancy effected by a deed from a joint\ntenant to another joint tenant.\n (c) A severance ordered by a court of competent jurisdiction.\n