ANSWERS: 1
  • In order to create a joint tenancy you need 4 unities: 1) Each owner must receive title at the same time; 2) Each owner must receive title on the same deed or document evidencing title; 3) Each owner must receive the same proportionate and equal share of ownership; and 4) Each owner has the identical right of possession. A tenant in common only has the 4th unity. Thus, to break the joint tenancy, all you have to do is convey the property so that one of the first three unities are broken. Historically, to do this you needed to use a strawman. That is, you would convey the property to a lawyer (or other person) who would convey it back to you and your current joint tenant in separate documents. Most jurisdictions no longer require this, and allow you just to convey the property to yourself.

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