Where property held as joint tenants is voluntarily transferred to a third party for no consideration, the resulting trust that arises does not automatically preserve the joint tenancy. The transferors do not 'retain' a pre-existing equitable joint tenancy; rather, the nature of the beneficial interest under the resulting trust depends on the transferors' intention at the time of transfer. Evidence of the transferors living apart and treating their interests as separate is relevant to establishing an intention to hold as tenants in common rather than as joint tenants.
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