Title 57 Real Estate
Chapter 1 Conveyances
Section 5 Creation of joint tenancy presumed -- Tenancy in common -- Severance of joint tenancy -- Tenants by the entirety.
57-1-5. Creation of joint tenancy presumed -- Tenancy in common -- Severance of
joint tenancy -- Tenants by the entirety.
(1) (a) Beginning on May 5, 1997, every ownership interest in real estate granted to two
persons in their own right who are designated as husband and wife in the granting documents is
presumed to be a joint tenancy interest with rights of survivorship, unless severed, converted, or
expressly declared in the grant to be otherwise.
(b) Every ownership interest in real estate that does not qualify for the joint tenancy
presumption as provided in Subsection (1)(a) is presumed to be a tenancy in common interest
unless expressly declared in the grant to be otherwise.
(2) (a) Use of words "joint tenancy" or "with rights of survivorship" or "and to the
survivor of them" or words of similar import means a joint tenancy.
(b) Use of words "tenancy in common" or "with no rights of survivorship" or "undivided
interest" or words of similar import declare a tenancy in common.
(3) A sole owner of real property creates a joint tenancy in himself and another or others:
(a) by making a transfer to himself and another or others as joint tenants by use of the
words as provided in Subsection (2)(a); or
(b) by conveying to another person or persons an interest in land in which an interest is
retained by the grantor and by declaring the creation of a joint tenancy by use of the words as
provided in Subsection (2)(a).
(4) In all cases, the interest of joint tenants shall be equal and undivided.
(5) (a) Except as provided in Subsection (5)(b), if a joint tenant makes a bona fide
conveyance of the joint tenant's interest in property held in joint tenancy to himself or another,
the joint tenancy is severed and converted into a tenancy in common.
(b) If there is more than one joint tenant remaining after a joint tenant severs a joint
tenancy under Subsection (5)(a), the remaining joint tenants continue to hold their interest in
joint tenancy.
(6) The amendments to this section in Laws of Utah 1997, Chapter 124, have no
retrospective operation and shall govern instruments executed and recorded on or after May 5,
1997.
(7) Tenants by the entirety are considered to be joint tenants.
Amended by Chapter 97, 2008 General Session
Amended by Chapter 250, 2008 General Session
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