A handwritten agreement between estranged spouses for the division of jointly held property, which implies an equal division of the land and contemplates either buyout or sale, is sufficient to sever a joint tenancy by mutual agreement under the second [name withheld] v [name withheld] test, even where the agreement has not been registered in the Family Court and further negotiations occurred afterwards. Severance does not require the parties to have specifically intended or contemplated severance as a legal concept; the question is whether they acted in a way inconsistent with the maintenance of the joint tenancy.
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