What is a key feature of joint tenancy regarding property interest?

Prepare for the CFP Estate Planning Evaluation. Utilize flashcards and multiple choice questions, each with hints and explanations. Ensure your success on the exam!

Joint tenancy is a specific type of co-ownership that includes a feature known as the right of survivorship. In joint tenancy, each tenant has an equal share in the property and has the right to use the entire property. One of the key characteristics of joint tenancy is that a joint tenant can sever their interest in the property without needing the consent of the other joint tenants. This means that they can choose to sell or transfer their share to another party, which effectively changes the ownership structure from joint tenancy to a tenancy in common if one tenant sells their share.

This ability to sever the joint tenancy is important because it underscores the independence of each joint tenant's interest in the property. Once a joint tenant severs their interest, the remaining joint tenants continue to hold the property together, but the new owner does not have the same rights of survivorship with the original tenants unless they agree to create a new joint tenancy arrangement.

The other options, while they touch on aspects of property law, do not accurately characterize the nature of joint tenancy. For example, the requirement for consent among joint tenants to sever ownership or sell the property contradicts the independent rights each tenant has, which is a fundamental aspect of joint tenancy.

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