Jackson v. Lacey

Supreme Court of Illinois · Property

PropertyJoint tenancyPartitionJudgment liensExecution salesjoint tenancyseverancepartition

Facts

Lucille Lacey and Walter Lacey were husband and wife and held the property as joint tenants. A creditor obtained a judgment against Walter, levied on his interest, and the bailiff sold that interest to Lucille, who received a certificate of purchase. Before the redemption period expired, Lucille died intestate, leaving as heirs her five sisters, a brother, and Walter Lacey. After Lucille's death and after the certificate was recorded, Walter quitclaimed the whole property to defendant Schorvitz, and Lucille's siblings claimed a one-half interest and sought partition.

Issue

Did a bailiff's sale of one joint tenant's interest pursuant to judgment, execution, and levy sever the joint tenancy before any deed or other conveyance issued and before the redemption period expired?

Rule

A judgment lien on the interest of a joint tenant does not sever a joint tenancy, and neither does a levy under that judgment. Extending that principle, a judicial sale and certificate of purchase likewise do not sever the joint tenancy where they do not yet convey title and divestiture can occur only later, after the redemption period expires without redemption. Severance requires a conveyance or other act that destroys one of the required unities.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Peoria, Illinois, Nora Patel and Evan Brooks own a duplex as joint tenants. A creditor of Evan obtains a judgment, levies on Evan's interest, and at a sheriff's sale Olivia Kent purchases that interest and receives only a certificate of purchase. Two weeks later, before the redemption period expires, Nora dies.

Who has the better claim to the property after Nora's death?

Explanation. The majority rule is that a judgment lien does not sever a joint tenancy, a levy does not sever it, and a judicial sale followed only by a certificate of purchase also does not sever it before the redemption period expires. Until an actual conveyance divests title, the debtor joint tenant still holds the same estate and no unity has been destroyed. Because Nora died before any conveyance, the joint tenancy remained intact and Evan took the whole by survivorship. (Derived from Jackson v. Lacey (n.d.).)