Whenever a husband and wife are joint tenants in the same real estate, either together or in conjunction with others, a divorce or dissolution of the marriage, unless the divorce decree or decree of dissolution otherwise provides, severs their interests and converts them into tenants in common as to each other but not as to any remaining joint tenant or joint tenants. Such severance does not become effective as to any other persons until a certified copy of the decree or abstract of it, indicating the effective date of the divorce or dissolution, has been recorded in the land records of the town where the real estate is located.
(1959, P.A. 677, S. 7; 1967, P.A. 276; P.A. 73-373, S. 32; P.A. 79-602, S. 30.)
History: 1967 act rephrased for clarity and specified that severance is effective “as to any other persons until a certified copy of the decree or abstract thereof, indicating the effective date of such divorce, has been recorded in the land records”, replacing provision whereby severance was effective at the time “such divorce becomes absolute and provision authorizing divorced person or other interested person to file copy of decree in town's land records; P.A. 73-373 added references to dissolution of marriage; P.A. 79-602 rephrased provisions but made no substantive change.
Cited. 178 C. 254; 204 C. 502.
Cited. 28 CA 854; judgment reversed, see 228 C. 85.
Cited. 28 CS 383; 42 CS 36.
Notes of Decisions
Cited in
4
cases, 1970–1992 · leading case:
Hackett v. Hackett, 598 A.2d 1112 (Conn. Super. Ct. 1990).
Hackett v. Hackett, 598 A.2d 1112 (Conn. Super. Ct. 1990).
· cites it 4× “, General Statutes § 47-14g, 9 their interest in this real estate, as to each other, has been that of tenants in common since the 1978 divorce and each, accordingly, owns of record an individual one-half interest in the Jerome Lane real estate. Moreover, the complaint alleges…”
Joy v. Joy, 423 A.2d 895 (Conn. 1979).
“The trial court was not obligated to accept the suggestion of the defendant that he meet his financial responsibilities by having the property mortgaged to the plaintiff rather than transferred to the children.”
Passamano v. Passamano, 612 A.2d 141 (Conn. App. Ct. 1992).
· cites it 2× “General Statutes § 47-14g provides in pertinent part: “Whenever a husband and wife are joint tenants in the same real estate, either together or in conjunction with others, a divorce or dissolution of the marriage, unless the divorce decree or decree of dissolution otherwise…”
Melcher v. Melcher, 263 A.2d 91 (Conn. Super. Ct. 1970).
· cites it 2× “, supra, as well as 'General Statutes § 47-14g. In Harrison , the court further stated (p.”
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