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New York · Through 2026-09-11

N.Y. Real Property Law § 240-c: Joint tenancy severance

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Where this section sits in the code
  1. Real Property Law
  2. Article 8. Conveyances and Mortgages

§ 240-c. Joint tenancy severance. 1. In addition to any other means by

which a joint tenancy with right of survivorship may be severed, a joint

tenant may unilaterally sever a joint tenancy in real property without

consent of any non-severing joint tenant or tenants by:

(a) Execution and delivery of a deed that conveys legal title to the

severing joint tenant's interest to a third person, whether or not

pursuant to an agreement requiring the third person to reconvey legal

title to the severing joint tenant; or

(b) Execution of a written instrument that evidences the intent to

sever the joint tenancy, including a deed that names the severing tenant

as the direct grantee of the severing tenant's interest.

2. No severance of a joint tenancy pursuant to subdivision one of this

section shall terminate the right of survivorship of any non-severing

joint tenant or tenants as to the severing tenant's interest unless the

deed or written instrument effecting the severance is recorded, prior to

the death of the severing tenant, in the county where the real property

is located.

3. Nothing in this section shall limit the manner or effect of:

(a) A severance of a joint tenancy pursuant to a written instrument

executed by all joint tenants, or pursuant to a written agreement of all

joint tenants.

(b) A severance of a joint tenancy effected by a deed from a joint

tenant to another joint tenant.

(c) A severance ordered by a court of competent jurisdiction.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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