Su and Kim sever their joint tenancy. How will they co-own the property after severance?

• A. The legal estate becomes tenants in common
• B. The legal estate remains joint tenants and the beneficial interest becomes tenants in common
• C. The legal estate will be owned as joint tenants and the beneficial interest as tenants in common
• D. The legal estate remains as a single owner

Answer: (C)

When two people hold property as a joint tenancy, there is a single legal title held by both with a right of survivorship on death. Severance changes how the beneficial ownership is held, not the basic legal title technique in the same way.

After severance, the legal estate remains held by both as joint tenants, but the beneficial interests are split and held as a tenancy in common. This means each person now has a distinct share of the property for their equitable rights, and there is no automatic right of survivorship—if one dies, their share goes to their heirs rather than the surviving co-owner, while the other continues to own the remaining legal title jointly with the deceased’s share in common.

In short, severance affects the beneficial (equitable) ownership, turning it into a tenancy in common, while the legal title remains as a joint tenancy.