Bethann Cornett Spears v. Drema Ann Spears, 23-ica-478

In 1988, Drema and Randy Spears acquired Raleigh County real estate as joint tenants with right of survivorship while married.
The couple divorced in 1996, and in 1999 the circuit court awarded sole title and ownership of the property to Randy Spears; Drema was removed from tax records, and Randy paid all taxes thereafter.
Drema had no involvement with the property for the ensuing 25 years and ignored attempts by Randy to alter the title before his 2021 death.
After Randy’s death, Drema filed a quiet title action claiming title by survivorship; Bethann Spears, administratrix of Randy’s estate, contested, asserting the estate holds title per Randy's will.
The circuit court granted Drema title, finding the joint tenancy was never severed; the Estate appealed this decision.

Issue	Spears (Plaintiff)	Estate (Defendant)	Held
Whether joint tenancy with right of survivorship was severed by divorce and subsequent conduct	Divorce alone does not sever; title by survivorship remains since no affirmative severance, so Drema gets property	Conduct and orders (1999 grant of sole title; inaction by Drema) severed joint tenancy; neglect and court’s action can suffice	The court held that the circuit court erred in requiring only affirmative action to sever, remanding for proper analysis under Young v. McIntyre, including both active and passive conduct and effect of 1999 order

Herring v. Carroll, 300 S.E.2d 629 (W. Va. 1983) (articulates four unities of joint tenancy and effect of severance)
Young v. McIntyre, 672 S.E.2d 196 (W. Va. 2008) (severance of joint tenancy may be implied by conduct, especially in divorce context)
Public Citizen, Inc. v. First National Bank in Fairmont, 480 S.E.2d 538 (W. Va. 1996) (sets forth post-bench trial appellate standards of review)