Can a joint tenancy be severed by the conduct of the parties?
Manitoba, Canada
The following excerpt is from Davison v. Davison Estate, 2009 MBCA 100 (CanLII):
3 The motions judge correctly identified the issue as whether the joint tenancy had been severed by the conduct of the parties. In this regard, he explained that the conduct must demonstrate a mutual intention to sever. This was not a situation of severance under s. 79 of The Real Property Act, C.C.S.M., c. R30, by agreement or by a unilateral act. See Stonehouse v. The Attorney-General of British Columbia, 1961 CanLII 48 (SCC), [1962] S.C.R. 103 citing, with approval, the classic statement of the three methods of severing a joint tenancy found in Williams v. Hensman (1861), 1 John & H. 546, 30 L.J. Ch. 878.
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