Can a party extinguish a joint tenancy in Ohio by mere conveyance?

Prepare for the Ohio CPLTA Eastern States Test. Use flashcards and multiple choice questions with hints and explanations. Get ready for your certification exam!

In Ohio, a joint tenancy can be extinguished, but it generally requires more than just a simple conveyance by one party. While an agreement between the parties might facilitate the process, it does not automatically sever the joint tenancy unless the same is legally documented and executed.

The fundamental characteristic of a joint tenancy is the right of survivorship, which implies that upon the death of one joint tenant, the survivor automatically inherits the deceased's share. Therefore, simply conveying one party's interest in the property to another party would typically not dissolve the joint tenancy.

A legal dissolution of the joint tenancy or a more formal process, such as a partition action, is needed to effectively sever the joint tenancy. This ensures that both parties' rights are acknowledged and appropriately addressed, which is necessary given the nature of joint ownership. Consequently, without following the legal procedure required for dissolution, merely conveying interest doesn’t extinguish the joint tenancy in law.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy