H.B. 80

1

REAL PROPERTY - PRESUMPTION OF TITLE
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 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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