## Facts

- In 2006, James and Molly Bryant bought a residence in Davidson County, Tennessee.
- After James died in 2009, Molly became sole owner.
- In 2009, Molly executed a quitclaim deed conveying the property to herself and her son as joint tenants with an express right of survivorship.
- In 2010, Molly executed a second quitclaim deed conveying her interest to her grandson (the son’s child).
- Molly died in 2013.
- The son claimed he owned the property in fee simple as surviving joint tenant under the 2009 deed.
- The grandson claimed the 2010 deed severed the joint tenancy, extinguished survivorship, and left the parties owning equal shares as tenants in common.
- The trial court granted summary judgment to the son; the intermediate appellate court affirmed on different grounds.

## Issues

1. Under Tennessee law, may a joint tenancy with an express right of survivorship be severed by the unilateral act of one joint tenant conveying that tenant’s interest to a third party?
2. If severance occurs, does the conveyance convert the estate into a tenancy in common and extinguish the nonconveying joint tenant’s survivorship rights?

## Decision

- Reversed the judgments for the son and remanded for further proceedings.
- Held that a joint tenancy with an express right of survivorship may be severed by the unilateral action of one co-tenant.
- Held that unilateral severance converts the estate into a tenancy in common and destroys the survivorship interests of the original joint tenants.
- Concluded Molly’s 2010 deed severed the joint tenancy created by the 2009 deed.
- Determined the son and grandson each own an undivided one-half interest as tenants in common.

## Legal Principles

- In Tennessee, survivorship in a joint tenancy must be expressly created; it is not automatically included by operation of law.
- A joint tenancy, even with express survivorship, remains subject to the common-law doctrine of severance.
- A joint tenant may sever a joint tenancy by unilaterally conveying that tenant’s interest to a third party, which destroys the unities required for joint tenancy.
- Severance terminates the survivorship feature and leaves the parties holding the property as tenants in common in their respective shares.

## Conclusion

A unilateral conveyance by one joint tenant can sever a joint tenancy that expressly includes survivorship; the conveyance converts the ownership to a tenancy in common and eliminates the other joint tenant’s survivorship rights, leaving the son and grandson with equal undivided interests.


Bryant v. Bryant, 522 S.W.3d 392 (Tenn. 2017)