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H.B. 80 Enrolled

    

REAL PROPERTY - PRESUMPTION OF TITLE

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: John E. Swallow

    AN ACT RELATING TO REAL ESTATE, CONVEYANCES; CREATING THE
    PRESUMPTION OF JOINT TENANCY AND ELIMINATING THE PRESUMPTION
    OF TENANCY IN COMMON BETWEEN MARRIED PERSONS; PROVIDING
    DECLARATORY TERMS AND CONDITIONS; PROVIDING A PROSPECTIVE
    EFFECTIVE DATE; AND MAKING TECHNICAL CHANGES.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         57-1-5, as last amended by Chapter 93, Laws of Utah 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 57-1-5 is amended to read:
         57-1-5. Creation of joint tenancy presumed -- Tenancy in common.
        [Every] (1) (a) Beginning on May 5, 1997, every ownership interest in real estate granted
    to two [or more] persons in their own right [shall] who are designated as husband and wife in the
    granting documents is presumed to be a joint tenancy [in common] interest with rights of
    survivorship, unless severed, converted, or expressly declared in the grant to be otherwise.
        (b) Every ownership interest in real estate which does not qualify for the joint tenancy
    presumption as provided in this 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 [shall declare] 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 shall declare a tenancy in common.
        (3) A sole owner of real property shall create a joint tenancy in himself and another or
    others:
        (a) by making a transfer to himself and [such other] another or others as joint tenants by

    use of [such] the words as [herein] 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 [such] the words
    as [herein] provided in Subsection (2)(a).
        (4) In all cases, the interest of joint tenants [must] shall be equal and undivided.
        (5) A "joint tenancy" is converted into a "tenancy in common" by a joint tenant by making
    a bona fide conveyance of the joint tenant's interest in the property to himself and another which
    terminates the joint tenancy.
        (6) This act has no retrospective operation and shall govern instruments executed and
    recorded on or after May 5, 1997.

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