Joint tenancy not severed by one tenant's conveyance of security deed.(Recent Court Decisions)(Biggers v. Crook)

The Supreme Court of Georgia ruled that a joint tenancy is not severed when one tenant conveys his interest in the property to secure a debt.

William Biggers and Linda Crook, brother and sister, inherited a piece of real property upon the death of their mother, taking the property as joint tenants with right of survivorship. The parties agreed that Biggers would live on the property, maintain the home, and pay the taxes. During his residence, Biggers executed a promissory note to Rita Craig, an acquaintance, and secured the debt with a properly recorded deed to his interest in the property. After Biggers's death, Crook filed suit to establish that she was the sole owner of the property and held title unencumbered by Craig's security deed. Craig argued that the execution and recordation of the security deed severed the joint tenancy and consequently that she owned a one-half interest in the property. The trial court found for Crook, holding that the security deed was void and that Craig had no interest in the property. Craig appealed.

On appeal, the state supreme court agreed with Craig that a joint tenancy is severed by the recording of an instrument that conveys all or a part of one tenant's interest in the property. However, the court noted that a security deed transfers bare legal title solely to secure a ...