What happens to a joint tenancy if one tenant sells or conveys their interest?

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When one tenant in a joint tenancy sells or conveys their interest in the property, the joint tenancy is affected because it breaks the unity of ownership that is fundamental to that form of tenancy. This action converts the joint tenancy into a tenancy in common for the seller’s share of the property.

In a joint tenancy, all parties have equal rights to the whole property and there is right of survivorship, meaning that if one owner dies, their share automatically passes to the remaining joint tenants. However, when one tenant sells their interest, that specific share transitions to a tenancy in common, which does not include the right of survivorship. The new owner becomes a tenant in common with the remaining original joint tenants, creating a new dynamic in terms of ownership rights and responsibilities regarding the property.

This change does not affect the ownership status of the other joint tenants, who continue to hold their interests in joint tenancy until they also sell, transfer, or pass away.

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