Malone v. Malone

MADDOX, Justice.

This case presents once again the question of when and under what circumstances a joint tenancy, with right of survivorship, can be severed. The specific question is whether a divorce judgment ordering the immediate sale of jointly owned property, pursuant to a property settlement agreement, was effective to sever the joint tenancy.

Even though the court ordered the property sold immediately, it was not, and the former husband died before it was sold. *1191The former wife claimed that the joint tenancy had not been severed and, therefore, that she was the sole owner of the property.…