Supreme Court of Alabama

Carol N. Upchurch v. David Upchurch and Jason Upchurch

April 7, 2023

Summary

The court held that the parties' contract to sell property owned in joint tenancy with right of survivorship severed that joint tenancy and converted the ownership into a tenancy in common. Because Michael died after the contract was executed, his estate was entitled to one-third of the sale proceeds. The court reversed the summary judgment for David and Jason and remanded for entry of a consistent judgment.