Mann v. Bradley

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Citation. 22 Ill.188 Colo. 392, 535 P.2d 213 (1975)

Brief Fact Summary. Betty Mann and Aaron Mann, a married couple, owned a family residence in joint tenancy during their marriage. The couple divorced in 1971 and as part of their divorce entered into an agreement which provided that the family residence should be sold and the proceeds be equally divided between Betty and Aaron upon the occurrence of either the remarriage of Betty, when the youngest child of the couple reached twenty one, or the mutual agreement of Betty and Aaron to sell. Betty lived in the residence with the children until her death in 1972 at which time the Petitioner Aaron Mann told his children that he now owned the house by virtue of the right of survivorship in the joint tenancy with Betty.

Synopsis of Rule of Law. An ownership as joint tenancy may be converted to one of tenancy in common by the mutual agreement or by the actions of the parties from which an intent to treat the ownership as tenants in common may be inferred.

Facts. Betty Mann and Aaron Mann, a married couple, owned a family residence in joint tenancy during their marriage. The couple divorced in 1971 and as part of their divorce entered into an agreement which provided that the family residence should be sold and the proceeds be equally divided between Betty and Aaron upon the occurrence of either the remarriage of Betty, when the youngest child of the couple reached twenty one, or the mutual agreement of Betty and Aaron to sell. Betty lived in the residence with the children until her death in 1972 at which time the Petitioner Aaron Mann told his children that he now owned the house by virtue of the right of survivorship in the joint tenancy with Betty. The administratrix of Betty’s estate and the children (Respondents) filed an action to quiet title to the property on the theory that the property settlement in the divorce had the legal effect of converting the joint tenancy to a tenancy in common, which resulted in Betty’s interest pas
sing to the children upon her death. The lower court found in favor of the children and stated their interest to be as owners as tenants in common of an undivided one-half interest in the house. Aaron appealed to the intermediate appellate court, which affirmed the trial court. Aaron appealed from the intermediate appellate court.

Issue. Did the property settlement agreement in the divorce action have the effect of converting the joint tenancy into a tenancy in common?