Albro v. Allen

454 N.W.2d 85 (1990)

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Nature of the Case

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Facts

Property was conveyed to P and D 'as joint tenants with full rights of survivorship.' D entered into a purchase agreement with Steven Kinzer, in which she agreed to convey her interest in the property to Kinzer by quitclaim deed. P instituted an action to enjoin the sale. The trial court granted summary disposition in favor of P and permanently enjoined D from completing the pending sale, and further enjoined Allen 'from any transfer, conveyance, sale or alienation of such property without the consent and approval of P. The court held that when property stands in the name of joint tenants with the right of survivorship, neither party may transfer title to the premises and deprive the other of such right of survivorship. D appealed. The Court of Appeals described the interest held as 'a joint life estate followed by a contingent remainder in fee to the survivor.' The Court of Appeals found that the contingent remainder was alienable and that D could 'lawfully alienate her future contingent interest in fee' without destroying P's right of survivorship. The Court of Appeals held that D could not alienate her interest in the joint life estate, since 'by operation of law, any alienation would convert the joint life estate to a tenancy in common, thereby defeating the survivorship element of the joint life estate.' D appealed.