Can the owner of a piece of real property in West Virginia create a joint tenancy in himself and another by making a direct conveyance if the requisite intent to create a joint tenancy with right of survivorship is expressed? Or does a tenancy in common result due to the lack of the unities of time and title? The general rule is that except in the situation where the parties to the conveyance are husband and wife, a direct conveyance from one to himself and another as joint tenants results in a tenancy in common despite the express contrary intent of the grantor. This article will examine relevant common law and statutory provisions in West Virginia and other jurisdictions in order to discover the rationale underlying this rule and to aid in suggesting appropriate legislation to eliminate its unnecessary harshness.
Ellen C. Lilly,
The Creation of Joint Tenancies--Common Law Technicalities vs. the Grantor's Intent,
W. Va. L. Rev.
Available at: https://researchrepository.wvu.edu/wvlr/vol82/iss2/8