Tuesday, April 15, 2014

Does unilaterally severing a joint tenancy during a divorce affect equitable distribution?

Question

Does unilaterally severing a joint tenancy during a divorce affect equitable distribution?



Answer

It depends on who the joint tenancy is with. If it is a joint tenancy by the entirety then you can't sever it unilaterally so it would not have any impact. If it is a joint tenancy with another it might not be able to be unilaterally severed anyway but if you were successful, your share is still covered by equitable distribution.



No comments:

Post a Comment