Mr. and Mrs. Dunn divorced and Mr. Dunn applied for a division of the matrimonial home in which they were joint tenants. Mr. Dunn died before the matter was settled. In Dunn Estate v. Dunn, the issue was whether the home was part of Mr. Dunn's estate, or whether it passed by survivorship to Mrs. Dunn. What did the court find?
A) The home passed to the wife. A joint tenancy, if properly created, cannot be severed.
B) The home was part of the estate. The divorce was enough to sever the tenancy.
C) The home was part of the estate. The commencement of a matrimonial property action was enough to sever the tenancy.
D) The home passed to the wife. Neither divorce or commencement of a matrimonial property action was enough to sever the tenancy.
E) The home was part of the estate. A joint tenancy is instantly severed by the death of either joint tenant.

Question

Quizplus · Accepted Answer

The court found that neither divorce nor the commencement of a matrimonial property action was sufficient to sever the joint tenancy, meaning the property passed to Mrs. Dunn by right of survivorship.

Mr and Mrs