Carpenter v. Chandler

Opinion

BEACH, J.

Issue:

We consider here the question: “May a joint tenant of real property unilaterally convey his interest therein directly to himself alone and thereby terminate the joint tenancy?” Our holding is: “yes, he may do so”; and we affirm the trial court.

Background:

Prior to his death, Frank Carpenter (decedent) and appellant Mary Chandler owned property as joint tenants. By a grant deed executed only by himself as grantor, decedent Carpenter conveyed his interest to himself as grantee stating in the deed that it was “made for the purpose of breaking the joint tenancy.” After the death of Frank Carpenter, the. administrator (CTA) of his estate, in-

[711]

eluded an undivided one-half interest in the subject real property as part of the inventory of decedent’s estate and passing by his will.

The trial court found that the transfer by the joint tenant was valid, that it terminated the joint tenancy, and that the parties thereafter held the property as tenants in common. Decedent’s undivided one-half interest passed under the terms of his will disposing of that undivided one-half interest, and the remainder undivided one-half interest belonged to appellant.

Discussion:

It is well established and not in dispute here that one joint tenant may terminate the joint tenancy by conveying his interest to another. The particular specific question here is whether he may do so by a deed conveying the property to himself. There are two cases in California answering this specific question and each reaching an opposite result.

Clark

v.

Carter

(1968) 265 Cal.App.2d 291 [70 Cal.Rptr. 923], holds that a joint tenant may not so terminate the joint tenancy. A later case,

Riddle

v.