In a joint tenancy, what happens if a joint tenant wishes to sell their interest?

In a joint tenancy arrangement, each joint tenant holds an equal share of the property, along with the right of survivorship, which means that upon the death of one joint tenant, their share is automatically transferred to the remaining joint tenants. If a joint tenant wishes to sell their interest, the act of sale can lead to the termination of the joint tenancy.

When a joint tenant sells their share independently without the other joint tenants’ consent, the joint tenancy is severed. This means the new buyer will own a tenant in common interest in the property rather than a joint tenant interest. The new owner does not have the right of survivorship that joint tenants have. Thus, the joint tenancy is effectively voided by the act of selling; the ownership structure changes from a joint tenancy to a tenancy in common.

This understanding highlights the essential characteristic of joint tenancy—any unilateral action like a sale can impact the nature of ownership and the rights associated with the property.