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Sathoff v. Sutterer

Appellate Court of Illinois
373 Ill. App. 3d 795, 869 N.E.2d 354 (2007)
ELI5:

Rule of Law:

A joint tenant can sever a joint tenancy by conveying their interest from themselves as a grantor to themselves as a grantee. This act destroys the unities of time and title, converting the relationship with the other original tenants into a tenancy in common.


Facts:

  • On June 5, 1981, Theodore Busse conveyed real estate to Paul Busse, Melba Busse (a married couple), and Roger Sathoff as joint tenants with the right of survivorship.
  • On February 29, 1996, Paul and Melba Busse executed a deed transferring their two-thirds interest in the property from themselves, as joint tenants and grantors, to themselves, as joint tenants and grantees.
  • Following the 1996 conveyance, Paul Busse predeceased Melba Busse.
  • After Paul's death, Melba Busse also passed away, leaving Roger Sathoff as the sole surviving member of the original three joint tenants.

Procedural Posture:

  • Roger Sathoff filed an action to quiet title and for a declaratory judgment in the circuit court of Monroe County against Wayne Sutterer, the executor of Melba Busse's estate.
  • Sutterer filed a motion to dismiss Sathoff's complaint.
  • The circuit court granted the motion to dismiss, holding that the 1996 deed had severed the joint tenancy.
  • The circuit court denied Sathoff's subsequent motion to reconsider.
  • Sathoff, as appellant, filed a timely appeal of the circuit court's judgment.

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Issue:

Does a conveyance by two of three joint tenants, from themselves as grantors to themselves as grantees, sever the original joint tenancy with the third joint tenant?


Opinions:

Majority - Justice Wexstten

Yes, a conveyance by two of three joint tenants from themselves as grantors to themselves as grantees severs the original joint tenancy. An indisputable right of a joint tenant is the power to convey their separate interest without the consent of other joint tenants, thereby severing the tenancy by destroying the unities of time and title. Historically, this required conveying the property to a 'strawman' who would then convey it back. However, Illinois's Joint Tenancy Act modernized this process, allowing a grantor to also be a grantee to create a joint tenancy. The court extends this modern, practical view to severances, holding that the 1996 deed by Paul and Melba Busse created a new interest for them at a different time and by a different conveyance, which destroyed the original unities. This act severed the joint tenancy with Sathoff, leaving the Busses as joint tenants in their two-thirds share and Sathoff as a tenant in common with respect to his one-third share. The court prioritizes the grantors' clear intent and substance over archaic legal form.



Analysis:

This decision reinforces the legal trend of moving away from archaic common law formalities, such as the use of a 'strawman,' in real property transactions. It establishes that the clear intent of a joint tenant to sever the tenancy, evidenced by a direct self-conveyance, is legally sufficient. This holding promotes efficiency and common sense in property law by allowing joint tenants to restructure their interests directly, thereby simplifying the process for terminating rights of survivorship.

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