| AK |
The Alaska Statutes set forth specific requirements for the wording of deeds. Requirements for the wording of warranty deeds are located in Section 34.15.030; quitclaim deeds in Sections 34.15.040 and 34.15.050. |
| AL |
Alabama does not recognize tenancy by the entirety. Conveyances to husband and wife are treated as tenancy in common. Joint tenancy (alone) does not include right of survivorship. The right of survivorship must be expressly stated in the deed.
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| AR |
07/10/01 per Ron Blitenthal, OR counsel, if husband and wife take title together, the deed is construed as conveying title to them as a tenancy by the entirety.
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| AZ |
JOINT TENANCY WITH THE RIGHT OF SURVIVORSHIP: Two or more persons may hold title to real property as joint tenants with the right of survivorship. In the past it was required that all joint tenants share the four unities of time, title, interest and possession. As of July 20, 1996, the Arizona legislature effectively abolished the requirement of the "straw deed" and the necessity of joint tenants to all take their interest at the same time. The advantage of joint tenancy is that upon death of one of the joint tenants, their interest is transferred outside probate to the surviving joint tenant(s). **NOTE: Evidence of the intent of a married couple to hold title to real property as joint tenants with right of survivorship must be in writing so as to avoid the presumption of community property.
TENANCY IN COMMON: Two or more persons may hold title to real property as tenants in common. In Arizona, married couples must reject community property and specifically take title as tenants in common. Each owner has a distinct and proportionate interest without the right of survivorship. The only unity involved is possession. Their undivided interest need not be equal but in the aggregate cannot exceed 100% of the ownership interest. A tenant in common may transfer his undivided interest without destroying the co-tenancy estate.
COMMUNITY PROPERTY: Only persons married to each other may own real property as community property. Each spouse owns an undivided one-half interest in their community property. Each spouse may provide by will for the disposition of his or her community interest in the community real property. However, Arizona community property law requires both spouses to join in a conveyance or encumbrance of community real property. Property acquired by a spouse during marriage is presumed to be community property except that property acquired by gift, device or descent. A married couple seeking to hold title to real property located in Arizona in a form other than community property may do so by renouncing the community property form and specifically accepting another form of co-tenancy.
COMMUNITY PROPERTY WITH THE RIGHT OF SURVIVORSHIP: Only persons married to each other may take title as community property with the right of survivorship. One spouse is entitled to the whole of the property upon the death of the other and both halves of the community property receive a new tax basis equal to the fair market value as of the date of death. Evidence of the intent of a married couple to hold title to real property as community property with the right of survivorship must be in writing in order to avoid the presumption of community property. When parties that hold property as community property with the right of survivorship dissolve or annul their marriage, the property converts to tenancy in common.
SOLE AND SEPARATE: Real property owned by a spouse before marriage or any acquired after marriage by gift, descent or specific intent. If a married person acquires title as sole and separate property, his/her spouse must execute a disclaimer deed.
GENERAL PARTNERSHIP: Title may be taken in the name of a general partnership duly formed under the laws of the state of Arizona or the state of the formation of the partnership. A partnership is defined as a voluntary association of two or more persons as co-owners in a business for profit.
LIMITED PARTNERSHIP: A partnership formed by two or more persons under the laws of Arizona or another state and having one or more general partners and one or more limited partners. A certificate of limited partnership must be filed in the Office of the Secretary of State, a certified copy of which must be recorded.
CORPORATION: Title may be taken in the name of a corporation provided that the corporation is duly formed and in good standing in the state of its incorporation.
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| CA |
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| CO |
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| CT |
§ 47-5(B) A joint tenancy in fee simple with right of survivorship is created when a conveyance of real estate to two or more natural persons is in such form that: (i) the conveyance runs to the grantees or devisees, whether as joint tenants or as tenants in common, and to the survivor of them, or to the survivor or survivors of them, and to the last survivor's heirs and assigns; (ii) the conveyance runs to the grantees or devisees for their lives, or their joint lives, with a remainder or other interest limited to the survivor of them and to the last survivor's heirs and assigns; (iii) the conveyance runs to the grantees or devisees as joint tenants with the right of survivorship; (iv) the conveyance runs to two grantees or devisees and to their heirs and assigns as tenants by the entirety; or (v) the conveyance runs to the grantees or devisees with the words "as joint tenants" added after their names.
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| DE |
In a grant to more than one person, without express words intending to create survivorship, a tenancy in common will be created. A grant to a husband and wife will create a tenancy by the entirety, if the grant is otherwise silent on that issue.
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| FL |
conveyances to husband and wife presumes the creation of a tenancy by the entirety.
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| GA |
Unless the document or instrument provides otherwise, a tenancy in common is created whenever any two or more persons are entitled to simultaneous possession of any property. § 44-6-120. A joint tenancy with survivorship is created when the instrument expressly refers to the takers as "joint tenants," "joint tenants and not as tenants in common," or joint tenants with survivorship" or as taking "jointly with survivorship." § 44-6-190
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| HI |
Currently, a conveyance of land in Hawaii to two or more people is presumed to create a tenancy in common, although a joint tenancy or tenancy by the entirety can be created by a conveyance instrument manifesting the intent to do so. Haw. Rev. stat. § 509-1
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| IA |
A conveyance to two or more persons is deemed to create a tenancy in common, unless the conveyance expresses a contrary intent. § 557.15
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| ID |
Every interest in real estate granted or devised to two or more persons, other than executors or trustees, constitutes a tenancy in common, unless expressly declared in the deed to be otherwise. § 55-508. Thus, if a joint tenancy is intended, it must be expressly states. Tenancy by the entirety is not recognized in Idaho.
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| IL |
Illinois law provides that an express declaration of an estate in joint tenancy and not as a tenancy in common is required in a grant or conveyance of land; without such an express declaration, the land is deemed to pass as a tenancy in common. 765 Ill. Comp. Stat. 1005/1 However, the law provides that a conveyance of homestead property to a husband and wife is deemed to convey a tenancy by the entirety providing the deed specifies that the grant is in that estate. 1005/1c
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| IN |
A conveyance of real property to a husband and wife is presumed to create a tenancy by the entirety, and not a tenancy in common, unless a tenancy in common is expressed in the contract or it manifestly appears from the tenor of the contract that it was intended to create a tenancy in common. § 32-4-2-1. A conveyance of real property to two or more non-married persons is the conveyance of a tenancy in common, and not a joint tenancy, unless it is expressed in the conveyance that the grantees hold the property in joint tenancy "and to the survivor of them," or unless it manifestly appears, from the tenor of the instrument, that it was intended to created an estate in joint tenancy. § 32-17-2-1(c)
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| KS |
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| KY |
Under Kentucky law, if real estate is conveyed to a husband and wife, a tenancy in common is created without a mutual right of survivorship, unless a right of survivorship is expressly provided for in the conveyance. Ky. Rev. Stat. Ann. § 381.050
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| LA |
Louisiana law does not recognize the common law estates in property such a joint tenancy, a tenancy in common, or a tenancy by the entirety; instead, the law closely resembles French civil law. Ownership in indivision is the ownership of something by two or more persons, generally presumed to be by equal shares. La. Civ. Code Ann. art. 797
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| MA |
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| MD |
A deed does not create a joint tenancy unless it expressly provides for a joint tenancy. §2-117
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| ME |
Under Maine law, a deed of real estate will be construed to convey an estate in fee simple, unless a different intention clearly appears in the deed; words of inheritance are not necessary to convey an estate in fee simple. Tit.33, §772. If there is more than one grantee and the conveyance is not "in mortgage," a tenancy in common will be created, unless the deed expressly provides otherwise. § 159
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| MI |
Michigan law generally construes all grants of land to two or more persons to create estates in common, and not in joint tenancy, unless the grant expressly declares a joint tenancy. Mich. Comp. Laws § 554.44. However, the law presumes that a grant to a husband and wife creates a tenancy by the entirety. § 554.45.
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| MN |
All grants of land, made to two or more persons, are construed to create estates in common, and not in joint tenancy, unless the grant expressly declares the estate to be in joint tenancy. § 500.19 Subd. 2
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| MO |
Every conveyance of real estate to two or more persons, other than husband and wife, creates a tenancy in common, unless the grant expressly declares a conveyance to a joint tenancy. § 442.450
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| MS |
All conveyances or devises of land made to two or more persons, including conveyances or devises to husband and wife, are to be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with right of survivorship. Miss. Code Ann. § 89-1-7
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| MT |
In Montana, every interest created in several persons, including husband and wife, is an interest in common, unless acquired by them in partnership or for partnership purposes, or unless declared in its creation to be a joint interest. § 70-1-314. A joint interest is created by a single transfer when expressly declared in the transfer to be a joint tenancy. § 70-1-307. A joint tenancy to an interest in real property may be established by the owner of the real property be designating in the instrument of conveyance or transfer the names of the joint tenants, including the owner's own name, without the necessity of any transfer or conveyance to or through a third person. § 70-20-105. Montana does not recognize tenancy by the entirety. See Clark v. Clark, 387 P.2d 907 (1936)
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| NC |
A conveyance of real property, or any interest therein, to a husband and wife vests title in them as tenants by the entirety when such conveyance is to: (i) a names man "and wife", (ii) a named woman "and husband", or (iii) two named persons, whether or not identified in the conveyance as husband and wife, if at the time of conveyance, they are legally married; unless a contrary intention is expressed in the conveyance or unless it is a voluntary partition as between only one spouse and third parties. § 39-13.5 and § 39-13.6(b)
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| ND |
North Dakota law presumes that a property interest that a grantor conveys to several persons in the their own right is an interest in common, rather than a joint interest or tenancy, unless the several persons acquire the interest in partnership for partnership purposes, or unless the deed declares the interest to be a joint interest or tenancy. § 27-02-08 and § 47/02/06
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| NE |
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| NH |
Unless express words create a joint tenancy, every conveyance of real property to two or more persons is assumed to create a tenancy in common. § 477:18. Deeds expressing "tenants by the entireties" language are recognized as creating joint tenancies.
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| NJ |
If there is more than one grantee, unless the deed expressly provides that it is the intention of the parties to create a joint tenancy and not a tenancy in common, a tenancy in common will be created. § 46:3-17. However, ff the deed designates both names as husband and wife as grantees, a tenancy by the entirety will be created. Any intention to create a tenancy in common or joint tenancy must be expressed, or the intention to create such an estate must manifestly appear from the tenor of the deed. 46:3-17.2, -17.3
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| NM |
New Mexico law deems that the grantees of a conveyance of an interest in real estate to two or more persons hold the real estate in common, unless the conveyance clearly expresses an intention that the grantees should hold it jointly. § 47-1-15
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| NV |
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| NY |
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| OH |
A deed conveying any interest in real property to two or more persons generally creates a tenancy in common, unless the proper words of survivorship or language showing a clear intent to create a right of survivorship are contained in the deed. §5302.17, 5302.19, 5302.20
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| OK |
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| OR |
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| PA |
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| RI |
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| SC |
Titles conveyed to more than one person are generally taken as tenants in common, but joint tenancies are prevalent in some parts of South Carolina. Whenever any deed of conveyance of real estate contains the names of the grantees followed by the words "as joint tenants with rights of survivorship, and not as tenants in common," South Carolina law conclusively deems a joint tenancy with rights of survivorship in the real estate to have been created. § 27-7-40(a). The legislature passed Section 27-7-40 to clarify a way to create a joint tenancy states; however, it is not the only way to create a joint tenancy in South Carolina. Section 27-7-40(a)(i) through (ix) lists what happens to or how to end a joint tenancy. South Carolina does not recognize tenancy by the entireties.
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| SD |
South Dakota law construes any deed or transfer of real property to two or more grantees that evinces an intent to create a joint tenancy to create such a joint tenancy. § 43-2-14. An interest created in favor of several persons in their own right is, however, an interest in common, unless they acquire the interest in partnership or for partnership purposes, or unless the creation of the interest declares it to be a joint interest. § 43-2-17.
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| TN |
Unless otherwise stated, property conveyed to both a husband and wife is presumed to create a tenancy by the entirety. See, e.g., Smith V. Sovran Bank Central South, 792 S.W. 2d 928, 930 (Tenn. Ct. App. 1990)
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| TX |
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| UT |
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| VA |
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| VT |
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| WA |
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| WV |
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| WI |
Wisconsin law defines a "conveyance" as a written instrument, evidencing a transaction by which any interest in land is created, aliened, mortgaged, assigned, or otherwise affected in law or in equity. Wis. Stat. Ann § 706.001. A conveyance must satisfy "...*3) Identify the interest conveyed and any material term, condition, reservation, exception or contingency upon which the interest is to arise, continue, or be extinguished, limited or encumbered..." § 706.02(1)
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| WY |
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