Crowther v. Mower
876 P.2d 876 (1994)
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Rule of Law:
A joint tenant's conveyance of their interest to a third party severs the joint tenancy upon delivery of the deed with the present intent to transfer. The validity of the conveyance and the severance of the tenancy are not dependent on the deed being recorded before the grantor's death.
Facts:
- Nellie Crowther and her husband, Dean W. Crowther, owned a parcel of real property as joint tenants.
- On December 15, 1988, Nellie Crowther executed a quit claim deed conveying her interest in the property to her son, Bryan D. Mower.
- A day earlier, Mrs. Crowther signed a codicil to her will stating, 'I have by Quit-claim Deed, given to my son one-half of my home and other real property.'
- Mrs. Crowther's attorney mailed the executed deed to Mower.
- The attorney's transmittal letter stated the deed was sent 'to complete the transaction by which she transfers ownership to you' and served as an 'indication of your Mother’s intention to deliver the deeds.'
- The letter also instructed Mower that if Mrs. Crowther died before her husband, he should 'promptly, as soon as it is possible, record the two deeds.'
- Mrs. Crowther died on August 9, 1991.
- On August 15, 1991, six days after his mother's death, Mower recorded the quit claim deed.
Procedural Posture:
- Dean W. Crowther filed a quiet title action against Bryan D. Mower in a Utah trial court.
- Both parties moved for summary judgment.
- The trial court granted summary judgment in favor of Crowther, declaring the quit claim deed null and void based on a finding that the grantor lacked present intent to convey.
- The trial court also awarded attorney fees to Crowther.
- Mower, the defendant, appealed the summary judgment and the attorney fees award to the Utah Court of Appeals.
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Issue:
Does a joint tenant's conveyance of their interest to a third party, accomplished by delivering a quit claim deed, sever the joint tenancy even if the deed is not recorded until after the grantor's death?
Opinions:
Majority - Davis, Judge
Yes. A joint tenant's conveyance of their interest severs the joint tenancy upon the delivery of a deed with present intent to convey, irrespective of when the deed is recorded. The court reasoned that a bona fide conveyance by one joint tenant unilaterally severs the tenancy and converts it into a tenancy in common, extinguishing the right of survivorship. The validity of this conveyance depends on the delivery of the deed with the grantor's present intent to transfer ownership, not on recordation. Utah's recording statutes protect subsequent good-faith purchasers for value, not original parties to the conveyance like the other joint tenant. Here, Mrs. Crowther's intent to convey was unambiguously demonstrated by the deed itself, her will's codicil, and her attorney's letter stating the transfer was being completed. The instruction to delay recording did not negate the present intent to convey ownership upon delivery of the deed.
Analysis:
This decision clarifies that the act of conveying an interest, not the public act of recording it, is the critical event for severing a joint tenancy. It reinforces the principle that the right of survivorship is a mere expectancy that a joint tenant can unilaterally defeat. The ruling distinguishes between the validity of a deed between the parties involved (which requires only delivery with intent) and its enforceability against subsequent bona fide purchasers (which requires recording). This holding limits the ability of a surviving joint tenant to claim full ownership when the deceased tenant had already taken legally sufficient steps to transfer their interest to another party.
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