## Facts

- Commercial property in Macomb County, Michigan, was conveyed in 1977 to Helen R. Albro and Carol Allen “as joint tenants with full rights of survivorship.”
- In 1987, Allen signed a purchase agreement with Steven Kinzer to convey Allen’s interest by quitclaim deed.
- Albro sued to stop the sale and obtained a temporary restraining order.
- The trial court granted summary disposition to Albro and permanently enjoined Allen and Kinzer from completing the transfer, reasoning that a unilateral conveyance would deprive Albro of survivorship.
- The court of appeals characterized the deed as creating a joint life estate with a contingent remainder in fee to the survivor; it allowed alienation of the contingent remainder but barred alienation of the joint life-estate interest because it would defeat survivorship.
- The Michigan Supreme Court granted leave to appeal on Kinzer’s petition.

## Issues

1. Whether a person holding title with another as “joint tenants with full rights of survivorship” may convey their interest in the joint life estate without the cotenant’s consent.
2. Whether such a conveyance destroys or impairs the other cotenant’s survivorship interest embodied in the future interest.
3. Whether the joint life-estate interest is subject to partition without affecting the survivorship-based future interests.

## Decision

- The Michigan Supreme Court reversed the court of appeals and remanded.
- The Court held that the deed created a joint life estate in the grantees plus dual contingent remainders in fee to the survivor.
- Allen could convey her present interest in the joint life estate without Albro’s consent.
- The conveyance of the life-estate interest did not defeat the survivorship feature because the contingent remainders are protected expectant estates.
- The joint life-estate interest is partitionable, and partition does not affect the contingent remainders in fee to the survivor.

## Legal Principles

- A conveyance to grantees “as joint tenants with full rights of survivorship” is properly analyzed as a joint life estate followed by contingent remainders in fee to the survivor.
- A life-estate interest is generally transferable; a grantee of that interest takes only the transferor’s life-estate rights.
- Statutory protection for expectant estates prevents contingent remainders from being defeated by alienation or other acts of the holder of the preceding estate.
- Rules governing severance of an ordinary joint tenancy by unilateral conveyance do not control when survivorship is vested in separate future interests rather than only in the present possessory estate.
- The joint life-estate component may be partitioned without extinguishing or altering the survivorship-based contingent remainders.

## Conclusion

The Michigan Supreme Court held that a cotenant under a “joint tenants with full rights of survivorship” deed may transfer their joint life-estate interest without consent and may seek partition of that life estate, while the survivorship outcome is preserved through protected contingent remainders in fee to the survivor.


Albro v. Allen, 434 Mich. 271, 454 N.W.2d 85 (Mich. 1990)