Notable Items:
Appellant: Estate of Bernis Gulledge
Appellee: Marion Watkins
Venue: District of Columbia Court of Appeals
Issue(s) Before the Court:
Does unilateral transfer by a joint tenant of his interest to a third party convert the joint tenancy into tenancy in common.
Appellant's Claim(s):
That upon the death of Clayton Gulledge, his joint tenant, Bernis Gulledge, obtained his interest by right of survivorship.
Appellee's Claim(s):
That Clayton Gulledge's conveyance of his interest in the joint tenancy to Marion Watkins severed the joint tenancy and that Marion Watkins and Bernie Gulledge become tenants in common.
Holding(s) and Disposition:
Held: Yes. Unilateral transfer by a joint tenant of his interest to a third party converts the joint tenancy into tenancy in common.
Disposition:
Material Facts:
- Clayton and Margie Gulledge owned real property as tenants by the entirety.
- Clayton and Margie Gulledge had three children: Bernie Gulledge, Johnsie Walker, and Marion Watkins.
- 1970 Margie Gulledge died.
- Clayton created a joint tenancy with Bernis in exchange for a sum of money.
- 1988 Clayton conveyed his interest in the joint tenancy to Marion Watkins "in fee simple tenants in common."
- A full recounting of the facts is available below
Procedural History:
- Trial court held that Bernis Gulledge and Marion Watkins own the real property as tenants in common.
- Decision appealed.
- Affirmed.
Rationale:
- DC law derived from Maryland law.
- Under Maryland law, transfer of an interest in a joint tenancy will sever, converted to tenants in common.
- We adopt the same rule here.
- A full description of the rationale is available below
Full Recounting of Facts
- Clayton and Margie Gulledge owned real property as tenants by the entirety.
- Clayton and Margie Gulledge had three children: Bernie Gulledge, Johnsie Walker, and Marion Watkins.
- 1970 Margie Gulledge died.
- Clayton created a joint tenancy with Bernis in exchange for a sum of money.
- 1988 Clayton conveyed his interest in the joint tenancy to Marion Watkins "in fee simple tenants in common."
- 1991 Clayton died.
- 1993 Bernis died.
- 1994 Johnsie died.
- A list of the material facts is available above
Majority Full Argument
- de novo review in the District of Columbia.
- In a large majority of jurisdictions, unilateral transfer by a joint tenant of his interest to a third party convert the joint tenancy into tenancy in common.
- Interests of Bernis Gulledge and Marion Watkins were not created by the same conveyance, nor did they commence at the same time.
- DC law derived from Maryland law.
- Under Maryland law, transfer of an interest in a joint tenancy will sever, converted to tenants in common.
- We adopt the same rule here.
- The core of the rationale is available above