What does SPAM stand for in regards to severance of joint tenancy?

In the context of severance of joint tenancy, SPAM stands for Sale, Partition, And, Mortgage. This acronym is a helpful way to remember the methods by which a joint tenancy can be severed, thus converting it into a tenancy in common.

When a joint tenant sells their interest, it automatically severs the joint tenancy as to the selling tenant’s share, creating a tenancy in common with the new owner. Partition refers to either a voluntary or court-ordered division of the property among the joint tenants, which also severs the joint tenancy. The “And” in SPAM signifies that both Sale and Partition are the critical actions causing severance. Lastly, if a joint tenant mortgages their interest, that can also create a severing effect.

Understanding SPAM is essential for both real estate and property law, as it provides a clear mnemonic for the ways in which the unity of interest in joint tenancy can be disrupted. This knowledge can assist in answering questions related to property ownership and its nuances on the California Bar Exam.