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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationSpouses hold a flat as joint tenants and are separating. Which of the following can convert their joint tenancy into a tenancy in common?
Answer: A notice of severance by one joint tenant on the other, or an instrument signed by both. Why not the others: - Moving out: Living elsewhere does not sever a joint tenancy. - A will: A will takes effect only on death, when survivorship has already operated. - A new DMC: The DMC governs the building's management, not co-owners' relationship. Rule: Joint tenants can end the joint tenancy by a notice served by one on the other(s), by an instrument signed by all, or by court order (for example under the Partition Ordinance). Source: Partition Ordinance (Cap. 352); EAA, A Study Guide to Estate Agency Law and Practice, Part 4; as at Oct 2026
Thinking a will can sever a joint tenancy.
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