58-501. Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions. - Kansas Statutes

58-501

Chapter 58.--PERSONAL AND REAL PROPERTY Article 5.--REAL OR PERSONAL PROPERTY GRANTED OR DEVISED (THE PROPERTY ACT OF 1939)

      58-501.   Tenancy in common unless joint tenancy intended, when;exception; joint tenancy provisions.Real or personal property granted or devised to two or more personsincluding a grant or devise to a husband and wife shall create in them atenancy in common with respect to such property unless the language used insuch grant or devise makes it clear that a joint tenancy was intended to becreated: Except, That a grant or devise to executors or trustees, assuch, shall create in them a joint tenancy unless the grant or deviseexpressly declares otherwise. Where joint tenancy is intended as aboveprovided it may be created by:

      (a)   Transfer to persons as joint tenants from an owner or a joint ownerto himself or herself and one or more persons as joint tenants;

      (b)   from tenants in common to themselves as joint tenants; or

      (c)   by coparceners in voluntary partition to themselves as joint tenant.

      Where a deed, transfer or conveyance grants an estate in joint tenancyin the granting clause thereof and such deed, transfer, or conveyance has ahebendum clause inconsistent therewith, the granting clause shall control.When a joint tenant dies, a certified copy of letters testamentary or ofadministration, or where the estate is not probated or administered acertificate establishing such death issued by the proper federal, state orlocal official authorized to issue such certificate, or an affidavit ofdeath from some responsible person who knows the facts, shall constituteprima facie evidence of such death and in cases where real property isinvolved such certificate or affidavit shall be recorded in the office ofthe register of deeds in the county where the land is situated. Theprovisions of this act shall apply to all estates in joint tenancy ineither real or personal property heretofore or hereafter created andnothing herein contained shall prevent execution, levy and sale of theinterest of a judgment debtor in such estates and such sale shallconstitute a severance.

      History:   L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.