Propst v. Stillman

Opinion

KENNARD, J.

The issue we consider in this case is whether a joint tenancy in personal property, such as a joint tenancy bank account, may be severed by the unilateral action of one joint tenant.

Under the common law, a joint tenant had the right to sever a joint tenancy in either real or personal property without the consent of the other joint tenants; thus joint tenants could dispose of their interest in the property free of the right of survivorship. In California, however, a line of *452decisions by this court and the Court of Appeal has held that, in the absence of contrary agreement,…