3. Clayton and Margie Gulledge owned a house at 532 Somerset Place, N.W. (the So

Question

3. Clayton and Margie Gulledge owned a house at 532 Somerset Place, N.W. (the Somerset property) as tenants by the entirety. They had three children: Bernis Gulledge, Johnsie Walker, and Marion Watkins. When Margie Gulledge died in 1984, Clayton became the sole owner of the Somerset property. The following year, Clayton remarried, but the marriage was unsuccessful. To avoid a possible loss of the Somerset property, Bernis forwarded Clayton funds to satisfy the second wife’s financial demands. In exchange, Clayton conveyed the property to Bernis and himself as joint tenants. In 2005, Clayton conveyed his interest in the Somerset property to his daughter, Marion Watkins. In 2005, Clayton died. Bernis died in 2011, and Johnsie Walker died in 2011. Marion Watkins claims to be a tenant in common with the estate of Bernis Gulledge. The estate claims that when Clayton died, Watkins’ interest was extinguished, and Bernis became the sole owner of the Somerset property. Who is correct? Please explain.

Explanation / Answer

Joint tenancy exists only when there is unit of interest, title, time, and possession. When Clayton conveyed his interest in the property to Marion, the joint tenancy between Clayton and Bernis is severed. This is because the interests of Marion and Bernis were not created at same time and hence unit of time does not exist.

As soon as joint tenancy is severed, Tenancy in common is established between Marion and Bernis. Thus on death of Bernis, Marion and estate of Bernis are the tenants in common.

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