Joint Tenancy: Notice of Severance; Mortgages and Survivorship

This article calls for legislation to address two joint tenancy problems. First, either joint tenant may sever inter vivos and destroy the right of survivorship, without the knowledge of the other. Notice should be required to effectuate a voluntary, unilateral severance, so that survivors will not be surprised. Second, the interest of one joint tenant is not mortgageable as a practical matter, because the lien does not survive the mortgaging joint tenant.

To prevent otherwise unnecessary severance to achieve mortgageability, legislation should provide for the survival of the lien if notice is given to the non-mortgaging joint tenant.