Riddle v. Harmon
Citation and Court
102 Cal. App. 3d 524 (1980), California Court of Appeal
Facts
Frances Riddle and her husband held property as joint tenants. Wanting to sever the joint tenancy without her husband’s knowledge (to avoid the right of survivorship passing the property to him upon her death), Frances deeded the property to herself, then deeded it back to herself, effectively interposing a transaction to destroy the unities required for joint tenancy.
Issue
Whether a joint tenant can unilaterally sever a joint tenancy by conveying the property to herself, without first conveying to a third party (a “strawman”) as the common law required.
Holding
The California Court of Appeal held that a joint tenant may unilaterally sever the joint tenancy by directly conveying the property to herself, without the use of an intermediary, and that such a severance is valid and effective.
Rule / Doctrine
The common law requirement of using an intermediary (strawman) to sever a joint tenancy is an archaic formality that serves no legitimate purpose. A joint tenant may directly deed the property to herself, severing the joint tenancy and converting it to a tenancy in common, without the knowledge or consent of the other joint tenant.
Significance
Riddle v. Harmon is the seminal California case abolishing the strawman requirement for joint tenancy severance, making it easier for joint tenants to unilaterally end the right of survivorship. The case illustrates the tension between the unity requirements of joint tenancy and modern flexibility in property transfers.