## Facts

- Bradford E. Knickerbocker and Christine Cannon Knickerbocker married in 1984 and acquired a marital residence titled in joint tenancy.
- In 1991, Christine filed for divorce; the divorce court entered a temporary restraining order (TRO) barring transfers or disposition of marital assets during the divorce.
- After learning she had a terminal illness and seeking to provide for her two children from a prior marriage, Christine executed and recorded a deed conveying her joint-tenancy interest in the marital residence from herself as joint tenant to herself as tenant in common.
- Christine later created an inter vivos trust for her children and executed and recorded a deed conveying her one-half tenant-in-common interest in the residence to the trust’s trustees.
- Through her brother, James Q. Cannon (acting under a power of attorney), Christine also implemented changes to a life insurance policy and related financial arrangements to benefit her children via the trust.
- Christine died in December 1991 before the divorce was finalized, prompting disputes over the home’s ownership, the effect of the TRO on her transfers, the validity of the insurance changes, and alleged conversion by Cannon.

## Issues

1. Whether a joint tenant in Utah may unilaterally sever a joint tenancy by conveying the interest to herself as a tenant in common, without a conveyance to a third party.
2. Whether Christine’s severance of the joint tenancy and conveyance of her one-half interest to the trust were invalid because they violated the divorce TRO.
3. Whether the life-insurance ownership and beneficiary changes carried out through Cannon as attorney-in-fact were valid.
4. Whether the trial court erred in its findings and damages awards on conversion-related claims.

## Decision

- The court held that a joint tenant may sever a joint tenancy by a direct self-conveyance into a tenancy in common; Christine’s recorded deed effectively severed the joint tenancy.
- The court held that the severance and subsequent conveyance to the trust did not violate the divorce TRO because the transactions did not dissipate assets or remove them from the divorce court’s reach.
- The court upheld the effectiveness of the life-insurance-related changes implemented through Cannon as attorney-in-fact as consistent with Christine’s intent and within granted authority.
- The court largely affirmed the trial court’s conversion findings and damages awards, finding no clear error in the factual determinations.
- The judgment was affirmed in part and reversed in part, with directions consistent with these holdings.

## Legal Principles

- A joint tenancy may be unilaterally severed by a joint tenant through a deed conveying the grantor’s interest to herself in a different estate (such as a tenancy in common); a “strawman” conveyance is not required.
- Recording a severance deed that converts a joint tenancy share into a tenancy in common destroys the right of survivorship and makes the severed share devisable or transferable at death.
- A divorce TRO aimed at preserving marital property does not automatically invalidate estate-planning transactions that change the form of title but do not conceal, dissipate, or place assets beyond the divorce court’s jurisdiction.
- Acts by an attorney-in-fact affecting insurance or property are valid when within the scope of the power of attorney and when undertaken to effect the principal’s intent, even if the agent lacks detailed understanding of contract mechanics.
- Appellate review of damages and valuation findings in conversion claims is deferential; findings stand absent clear error.

## Conclusion

The Utah Supreme Court validated unilateral severance of a joint tenancy by self-conveyance and held that recorded, intent-based estate-planning transfers during a divorce TRO were not void where the assets remained available to the divorce court; it also upheld insurance changes made by an attorney-in-fact and largely affirmed the trial court’s conversion-related findings and damages.


In re Estate of Knickerbocker, 912 P.2d 969 (Utah 1996)