Porter v. Porter

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Porter v. Porter
Court Alabama Supreme Court
Date decided April 26, 1985


Tenancy in common (TIC) & joint tenancy are forms of concurrent ownership.

A couple named Denis Porter & Mary Porter bought a home in Alabama. Their deed specified joint tenants with right of survivorship (JTWROS). Nonetheless, the couple divorced, and their divorce decree gave exclusive possession to Mary Jane.

Denis, later, married Martha Porter.

After the death of Denis, a dispute arose between Mary (divorcee) & Martha (widow) over the property's ownership.

Procedural History

In Alabama court, Mary contended that the divorce decree didn't sever the joint tenancy between the deceased Denis & Mary (herself).

Mary Jane claimed that the whole property belonged to her as the survivor of the joint tenancy (JTWROS).

Martha won in the trial court.


Does a divorce decree destroy a JTWROS?


A divorce decree doesn't destroy a joint tenancy with right of survivorship (JTWROS).