Does Filing Bankruptcy Sever Joint Tenancy?
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Revision as of 13:06, 1 February 2018 by Alanfields (talk | contribs) (Created page with "As discussed in this [https://mckinneylaw.iu.edu/ilr/pdf/vol47p585.pdf Law Review Article], there is a split of cases as to whether the act of filing bankruptcy by only one o...")
As discussed in this Law Review Article, there is a split of cases as to whether the act of filing bankruptcy by only one of the joint tenants automatically severs a joint tenancy. Thereby vesting a 1/2 interest in the bankruptcy estate.
There seems to be less question (and no desire for title insurers to test ) as to whether a bankruptcy court or act of the trustee imbued with the control of the bankruptcy estate may sever the joint tenancy.
A number of states have adopted statutes providing that filing bankruptcy does not sever a joint tenancy.
