Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr.
2017 WL 1404388, 522 S.W.3d 392, 2017 Tenn. LEXIS 212 (2017)
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Rule of Law:
A joint tenancy with an express right of survivorship may be severed by the unilateral action of one co-tenant, such as conveying their interest to a third party. This action converts the estate into a tenancy in common and destroys the right of survivorship.
Facts:
- After her husband's death in 2009, Molly Bryant became the sole owner of a property in Davidson County, Tennessee.
- On June 9, 2009, Molly Bryant executed a quitclaim deed conveying the property to herself and her son, Darryl Bryant, Sr., for the express purpose of creating a joint tenancy with right of survivorship.
- On September 2, 2010, Molly Bryant executed a second quitclaim deed conveying her 'undivided interest, right, and title' in the same property to her grandson, Darryl F. Bryant, Jr.
- Both deeds were properly recorded with the Register of Deeds for Davidson County.
- In November 2013, Molly Bryant died.
- At the time of Molly Bryant's death, her grandson, Darryl F. Bryant, Jr., was living in the home on the property.
Procedural Posture:
- Darryl Bryant, Sr. ('Son') filed a complaint for a declaratory judgment against Darryl F. Bryant, Jr. ('Grandson') in the Chancery Court of Davidson County, Tennessee, a court of first instance.
- The trial court granted Son's motion for summary judgment, holding that a joint tenancy with an express right of survivorship creates an indestructible right of survivorship.
- Grandson, as appellant, appealed the decision to the Tennessee Court of Appeals, an intermediate appellate court.
- The Court of Appeals affirmed the trial court's judgment in favor of Son (appellee), but on the alternative ground that the grantor's intent, as evidenced by a derivation clause in the second deed, was not to sever the joint tenancy.
- The Tennessee Supreme Court, the state's highest court, granted Grandson's application for permission to appeal.
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Issue:
Does a joint tenant's unilateral conveyance of their interest in a property held in joint tenancy with an express right of survivorship sever the joint tenancy and destroy the other co-tenant's right of survivorship?
Opinions:
Majority - Holly Kirby, J.
Yes. A joint tenancy with an express right of survivorship is severed by the unilateral conveyance of a co-tenant's interest. The court adopted the common-law doctrine of severance, which is the majority rule in the United States. This doctrine holds that a joint tenancy depends on the continuation of the four unities (interest, title, time, and possession). When one joint tenant conveys their interest to a third party, the unities of time and title are destroyed, thereby severing the tenancy. The estate is converted into a tenancy in common between the remaining original tenant and the new third-party tenant, and the right of survivorship is extinguished. The court rejected the minority approach, followed by states like Michigan, which treats such an estate as a joint life estate with indestructible contingent remainders, finding that the majority rule provides greater predictability and consistency in property law, an area where such qualities are paramount.
Dissenting - Sharon G. Lee, J.
No. A co-tenant should not be permitted to unilaterally destroy the survivorship interest of another co-tenant. The dissent argued that the minority rule, which treats the survivorship interest as indestructible, is the better approach. This view treats the express creation of a right of survivorship as a contractual agreement that protects the expectations and investments of the co-tenants. Allowing unilateral severance can defeat the clear intent of the parties at the time of the conveyance and can be unfair to a co-tenant who may have invested in the property relying on their survivorship right. The dissent contended that the court's decision diminishes the value and security of creating joint tenancies with right of survivorship and urged the legislature to enact protective statutes.
Analysis:
This decision resolved a matter of first impression in Tennessee, clarifying that an explicitly created right of survivorship is not indestructible. By aligning with the vast majority of jurisdictions, the Tennessee Supreme Court prioritized predictability and uniformity in property law over the protection of individual co-tenants' expectations. The ruling establishes that a joint tenancy with right of survivorship in Tennessee functions like a traditional common-law joint tenancy, which is severable by any act inconsistent with its continuation, such as alienation of one tenant's interest. This holding solidifies that co-tenants retain the power to dispose of their interests, but forecloses the ability to create an unseverable survivorship interest between non-married individuals absent further legislative action.
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