Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr. - (Dissent)

Case Number
M2014-02379-SC-R11-CV

The Court has adopted a majority rule that allows a co-tenant to unilaterally sever a joint tenancy with right of survivorship and convert the estate into a tenancy in common without the knowledge or consent of the other co-tenant. The better rule, followed by other jurisdictions, does not allow a co-tenant to act unilaterally to sever the other co tenant’s interest, thereby protecting the rights and expectations of joint tenants who are conveyed property with a survivorship interest. 

Authoring Judge
Justice Sharon G. Lee
Originating Judge
Chancellor Claudia Bonnyman
Case Name
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr. - (Dissent)
Date Filed
Dissent or Concur
This is a dissenting opinion
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