(a)Subject to the limitations and requirements of this section, in addition to any other means by which a joint tenancy may be severed, a joint tenant may sever a joint tenancy in real property as to the joint tenant’s interest without the joinder or consent of the other joint tenants by any of the following means:
(1)Execution and delivery of a deed that conveys legal title to the joint tenant’s interest to a third person, whether or not pursuant to an agreement that requires the third person to reconvey legal title to the joint tenant.
(2)Execution of a written instrument that evidences the intent to sever the joint tenancy, including a deed that names the joint tenant as transferee, or of a written declaration that, as to the interest of the joint tenant, the joint tenancy is severed.
(b)Nothing in this section authorizes severance of a joint tenancy contrary to a written agreement of the joint tenants, but a severance contrary to a written agreement does not defeat the rights of a purchaser or encumbrancer for value in good faith and without knowledge of the written agreement.
(c)Severance of a joint tenancy of record by deed, written declaration, or other written instrument pursuant to subdivision (a) is not effective to terminate the right of survivorship of the other joint tenants as to the severing joint tenant’s interest unless one of the
following requirements is satisfied:
(1)Before the death of the severing joint tenant, the deed, written declaration, or other written instrument effecting the severance is recorded in the county where the real property is located.
(2)The deed, written declaration, or other written instrument effecting the severance is executed and acknowledged before a notary public by the severing joint tenant not earlier than three days before the death of that joint tenant and is recorded in the county where the real property is located not later than seven days after the death of the severing joint tenant.
(d)Nothing in subdivision (c) limits the manner or effect of:
(1)A written instrument executed by all the joint tenants that severs the joint tenancy.
(2)A severance made by or pursuant to a written agreement of all the joint tenants.
(3)A deed from a joint tenant to another joint tenant.
(e)Subdivisions (a) and (b) apply to all joint tenancies in real property, whether the joint tenancy was created before, on, or after January 1, 1985, except that in the case of the death of a joint tenant before January 1, 1985, the validity of a severance under subdivisions (a) and (b) is determined by the law in effect at the time of death. Subdivisions (c) and (d) do not apply to or affect a severance made before January 1, 1986, of a joint tenancy.
Notes of Decisions
Cited in
16
cases (
6 in the last 5 years), 1990–2025 · leading case:
Taylor v. Canterbury, 92 P.3d 961 (Colo. 2004).
Taylor v. Canterbury, 92 P.3d 961 (Colo. 2004).
· cites it 2× “at 363-64 ; Cal. Civ.Code § 683.2 (West 2004). In the case before the court today, Taylor did record the severance deed, so we do not opine on whether the failure to do so would have made a difference.”
Raney v. Cerkueira, 248 Cal. Rptr. 3d 426 (Cal. Ct. App. 5th 2019).
· cites it 6× “*315 Civil Code section 683.2, subdivision (c), provides that a written instrument severing a joint tenancy is not effective to eliminate the other tenant's right of survivorship unless it is recorded before the death of the severing tenant (with one exception not relevant here).”
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017).
· cites it 2× “§ 33-431 (E) (2014) (indicating that the right of survivorship may be terminated by filing an “affidavit terminating right of survivorship”); Cal. Civ. Code § 683.2 (West 2007 & Supp.”
Mitchell v. Mitchell, 99 Cal. Daily Op. Serv. 9902 (Cal. Ct. App. 1999).
· cites it 4× “(Civ. Code, § 683.2, subd. (a)(2).) A little over a month later, while the dissolution proceeding was still pending, he died.”
Propst v. Stillman, 788 P.2d 628 (Cal. 1990).
· cites it 2× “(Civ. Code, § 683.2, subd. (a).) Nor are we aware of any other statutory provision that would preclude our changing the present, judicially created rule prohibiting unilateral severance of joint tenancies in personal property.”
In Re Est. of Powell, 100 Cal. Rptr. 2d 501 (Cal. Ct. App. 2000).
“[4] Civil Code section 683.2, subdivision (c), reads: "Severance of a joint tenancy of record by deed, written declaration, or other written instrument pursuant to subdivision (a) is not effective to terminate the right of survivorship of the other joint tenants as to the…”
Knickerbocker v. Cannon, 912 P.2d 969 (Utah 1996).
“at 534 , and the California legislature codified the Riddle rule in Cal.Civ.Code § 683.2. Further, this court erred in relying upon Newman v.”
Raney v. Cerkueira (Cal. Ct. App. 2019).
· cites it 6× “Civil Code section 683.2, subdivision (c), provides that a written instrument severing a joint tenancy is not effective to eliminate the other tenant’s right of survivorship unless it is recorded before the death of the severing tenant (with one exception not relevant here).”
Pearce v. Briggs (Cal. Ct. App. 2021).
· cites it 3× “” However, Civil Code section 683.2 subdivision (e) provides that subdivision (c) does “not apply to or affect a severance made before January 1, 1986, of a joint tenancy.”
Parker v. Powell, 2000 Cal. Daily Op. Serv. 8171 (Cal. Ct. App. 2000).
“Civil Code section 683.2, subdivision (c), reads: “Severance of a joint tenancy of record by deed, written declaration, or other written instrument pursuant to subdivision (a) is not effective to terminate the right of survivorship of the other joint tenants as to the severing…”
Colmet-Daage v. Cremoux CA6 (Cal. Ct. App. 2021).
· cites it 2× “) Civil Code section 683.2 provides various specific methods of severance of a joint tenancy, which constitute “a nonexclusive list.”
— Cal. Civil Code § 683.2(c) — 2 cases
Pearce v. Briggs (Cal. Ct. App. 2021).
“” However, Civil Code section 683.2 subdivision (e) provides that subdivision (c) does “not apply to or affect a severance made before January 1, 1986, of a joint tenancy.”
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