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H.B. 80

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REAL PROPERTY - PRESUMPTION OF TITLE

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: John E. Swallow

5    AN ACT RELATING TO REAL ESTATE, CONVEYANCES; CREATING THE
6    PRESUMPTION OF JOINT TENANCY AND ELIMINATING THE PRESUMPTION OF
7    TENANCY IN COMMON; PROVIDING DECLARATORY TERMS AND CONDITIONS;
8    AND MAKING TECHNICAL CHANGES.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         57-1-5, as last amended by Chapter 93, Laws of Utah 1953
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 57-1-5 is amended to read:
14         57-1-5. Creation of joint tenancy presumed -- Tenancy in common.
15        (1) (a) Every interest in real estate granted to two or more married persons in their own
16    right [shall] is presumed to be a joint tenancy [in common], unless severed, converted, or expressly
17    declared in the grant to be otherwise.
18        (i) Use of words "joint tenancy" or "with h [full ] h rights of survivorship" or "and to the
18a    survivor
19    of them" or words of similar import [shall declare] means a joint tenancy.
20        (ii) Use of words "tenancy in common" or "with no rights of survivorship" or "undivided
21    1/2 interest" or words of similar import shall declare a tenancy in common.
22        (b) A sole owner of real property shall create a joint tenancy in himself and another or
23    others:
24        (i) by making a transfer to himself and [such other] another or others as joint tenants by
25    use of [such] the words [as herein] provided in this section; or
26        (ii) by conveying to another person or persons an interest in land in which an interest is
27    retained by the grantor and by declaring the creation of a joint tenancy by use of [such] the words
lilac-January 30, 1997

1    [as herein] provided in this section.
2        (c) In all cases, the interest of joint tenants must be equal and undivided.
3        (2) A "joint tenancy" is converted into a "tenancy in common" by a joint tenant by making
4    a bona fide conveyance of the joint tenant's interest in the property to himself and a third party
5    which terminates the joint tenancy.




Legislative Review Note
    as of 1-20-97 1:03 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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