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Biggers v. Crook, 283 Ga. 50, 656 S.E.2d 835, 08 FCDR 217

Facts

William G. Biggers and his sister, Linda B. Crook, inherited a property as joint tenants with right of survivorship. Biggers lived in the house and maintained it under an agreement with Crook. Before marrying Dianne Nichols Biggers, he executed an antenuptial agreement stating he would retain ownership of his interest in the property. After his death, Crook sought a declaration of sole ownership, while Dianne and Rita A. Craig counterclaimed regarding their interests in the property and a promissory note secured by a deed to secure debt.

Biggers lived in the house on the property under an agreement with Crook pursuant to which he would maintain the home and pay the taxes. Shortly before he and appellant Dianne Nichols Biggers married, they executed an antenuptial agreement which provided that he would maintain ownership of his interest in the real property, even if she contributed money to its maintenance.

Issue

Did the execution of a deed to secure debt by one joint tenant sever the joint tenancy with right of survivorship?

The trial court's ruling that the deed to secure debt is void requires us to consider as a matter of first impression the effect one tenant's execution of a deed to secure debt has on a joint tenancy with right of survivorship.

Rule

A deed to secure debt does not constitute a transfer of all or a part of the grantor's interest in the property that would sever the joint tenancy with right of survivorship.

A security deed, although conveying the legal title, does so for the purpose of security only….

Analysis

The court analyzed whether the deed to secure debt executed by Biggers severed the joint tenancy. It referenced previous cases and concluded that such a deed, while conveying legal title, was intended solely for security purposes and did not transfer ownership rights. Therefore, the joint tenancy remained intact, and Crook became the sole owner upon Biggers's death.

We hold, therefore, that the execution of a deed to secure debt by a joint tenant in real property is not such a transfer of all or a part of the grantor's interest in the property as would sever the joint tenancy with right of survivorship.

Conclusion

The court affirmed the trial court's decision, ruling that Crook was the sole owner of the property and that the deed to secure debt was void.

Judgment affirmed.

Who won?

Linda B. Crook prevailed in the case as the court ruled that she was the sole owner of the property due to the preservation of the joint tenancy.

The trial court granted summary judgment to Crook, declaring her sole owner of the property, declaring the deed to secure debt to be void, declaring Craig to have no interest in the property, declaring the antenuptial agreement valid and enforceable, and ruling against both counterclaims.

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