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New York Consolidated Laws, Real Property Law - RPP § 240-c. Joint tenancy severance

Current as of January 01, 2021 | Updated by FindLaw Staff

1. In addition to any other means by which a joint tenancy with right of survivorship may be severed, a joint tenant may unilaterally sever a joint tenancy in real property without consent of any non-severing joint tenant or tenants by:

(a) Execution and delivery of a deed that conveys legal title to the severing joint tenant's interest to a third person, whether or not pursuant to an agreement requiring the third person to reconvey legal title to the severing joint tenant; or

(b) Execution of a written instrument that evidences the intent to sever the joint tenancy, including a deed that names the severing tenant as the direct grantee of the severing tenant's interest.

2. No severance of a joint tenancy pursuant to subdivision one of this section shall terminate the right of survivorship of any non-severing joint tenant or tenants as to the severing tenant's interest unless the deed or written instrument effecting the severance is recorded, prior to the death of the severing tenant, in the county where the real property is located.

3. Nothing in this section shall limit the manner or effect of:

(a) A severance of a joint tenancy pursuant to a written instrument executed by all joint tenants, or pursuant to a written agreement of all joint tenants.

(b) A severance of a joint tenancy effected by a deed from a joint tenant to another joint tenant.

(c) A severance ordered by a court of competent jurisdiction.

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Cite this article: FindLaw.com - New York Consolidated Laws, Real Property Law - RPP § 240-c. Joint tenancy severance - last updated January 01, 2021 | https://codes.findlaw.com/ny/real-property-law/rpp-sect-240-c.html

Read this complete New York Consolidated Laws, Real Property Law - RPP § 240-c. Joint tenancy severance on Westlaw

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