Riddle v. Harmon
Court of Appeal of California, First District
162 Cal. Rptr. 530 (1980)
Mr. and Mrs. Riddle owned property as joint tenants. Shortly before her death, Mrs. Riddle learned that under a joint tenancy her interest would automatically pass to her husband when she died. Wanting to leave her interest by will instead, she executed a deed conveying to herself an undivided one-half interest, expressly stating she meant to destroy the joint tenancy, then included the property in her will. She died twenty days later. Mr. Riddle (plaintiff) sued Harmon (defendant), the executrix of the estate, to quiet title to Mrs. Riddle's interest in himself. The trial court agreed the conveyance hadn't destroyed the joint tenancy and quieted title in Mr. Riddle; the estate appealed.
Whether a joint tenant can destroy a joint tenancy by conveying her interest to herself as a tenant in common, without a third-party intermediary.