Which of the following acts does not sever a joint tenancy?

• A. A judicial lien severs the joint tenancy.
• B. A mortgage severs the joint tenancy.
• C. Judicial lien does not sever.
• D. A lease severs the joint tenancy.

Answer: (C)

In a joint tenancy, the four unities—time, title, interest, and possession—must stay intact. Severance occurs when an act by one joint tenant destroys any of those unities, typically turning the ownership into a tenancy in common.

A judicial lien does not sever because it only creates a claim against a co-tenant’s interest and does not transfer title or grant someone else exclusive possession. It leaves the joint tenancy structure in place, even though it may affect how a debtor can deal with their share.

The other acts described are treated as severing in many jurisdictions. A mortgage by one joint tenant is viewed as transferring an interest to a creditor, breaking the unity of title and thereby severing the joint tenancy. A lease by one joint tenant gives the lessee exclusive possession of the property, destroying the unity of possession and also severing.