“[A] quitclaim deed by a joint tenant to himself or herself as a tenant in common effectively severs the joint tenancy and creates a tenancy in common.” —Hill, Judge 

Facts: Richard F. Reicherter and his cousin, Douglas M. Reicherter, acquired an 80-acre farm in Marshall County, Kansas, as joint tenants with rights of survivorship. Years later, when Richard was residing in a care facility, he signed a quitclaim deed that conveyed his interest in the 80 acres to himself in an apparent attempt to sever the joint tenancy and create a tenancy in common with Douglas. Richard did not inform Douglas of his action. Richard died 10 days later. Barbara J. McCauley was appointed executrix of Richard’s estate. Upon learning of Richard’s quitclaim deed, Douglas filed a quiet title action seeking title to the entire 80-acre tract under a joint tenant’s right of survivorship. McCauley counterclaimed that half of the ownership of the property belonged to Richard’s estate as a tenant in common with Douglas. The trial court ruled that a tenancy in common had been created and denied Douglas’s right to survivorship claim. Douglas appealed. 

Issue: Can a joint tenant of real estate self-convey his interest to himself and destroy the joint tenancy? 

Language of the Court: Under Kansas law, it is clear that any joint tenant may unilaterally severe his or her joint tenancy interest in real property and create a tenancy in common by conveying his or her interest to a third person. There is no need for the party seeking transfer of ownership to first give notice to, or obtain the consent of, the remaining tenant to effectuate the conveyance. This reasoning leads us to rule in favor of Richard’s estate. Upon effective delivery during the grantor’s life, a quitclaim deed by a joint tenant to himself or herself as a tenant in common effectively severs the joint tenancy and creates a tenancy in common. 

Decision: The court of appeals affirmed the trial court’s ruling that Richard’s self-conveyance severed the joint tenancy with Douglas and destroyed Douglas’s joint tenant’s right of survivorship. 

Ethics Questions: Did Richard act ethically when he unilaterally severed his joint tenancy with Douglas? What would be a reason for Richard to do this?