Estate of Croteau v. Croteau

The majority follows a well-established rule that a clear expression of the parties’ intent, not just their divorce, is required to sever their joint tenancy interests. See Mamalis v. Bornovas, 112 N.H. 423, 426, 297 A.2d 660, 662 (1972). I write separately because I believe that while the majority’s opinion is well-reasoned and grounded in precedent from both our jurisdiction and foreign jurisdictions, it minimizes the reality of divorce and its intended impact on future relations between former spouses. Typically when parties divorce, they “intend at least intuitively to simultaneously…