First Substitute 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 BETWEEN MARRIED PERSONS; PROVIDING
8 DECLARATORY TERMS AND CONDITIONS; PROVIDING A PROSPECTIVE
9 EFFECTIVE DATE; AND MAKING TECHNICAL CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 57-1-5, as last amended by Chapter 93, Laws of Utah 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 57-1-5 is amended to read:
15 57-1-5. Creation of joint tenancy presumed -- Tenancy in common.
16 [Every] (1) (a) Beginning on May 5, 1997, every ownership interest in real estate granted
17 to two [or more] persons in their own right [shall] S [who may lawfully marry as provided in
17a Sections
18 30-1-1 and 30-1-2 and ] s who are designated as husband and wife in the granting documents is
19 presumed to be a joint tenancy [in common] interest with rights of survivorship, unless severed,
20 converted, or expressly declared in the grant to be otherwise.
21 (b) Every ownership interest in real estate which does not qualify for the joint tenancy
22 presumption as provided in this Subsection (1)(a), is presumed to be a tenancy in common interest
23 unless expressly declared in the grant to be otherwise.
24 (2) (a) Use of words "joint tenancy" or "with rights of survivorship" or "and to the survivor
25 of them" or words of similar import [shall declare] means a joint tenancy.
26 (b) Use of words "tenancy in common" or "with no rights of survivorship" or "undivided
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Amend on 3_goldenrod February 28, 1997 27 h [1/2 ] h interest" or words of similar import shall declare a tenancy in common.

lilac-February 14, 1997

1 (3) A sole owner of real property shall create a joint tenancy in himself and another or
2 others:
3 (a) by making a transfer to himself and [such other] another or others as joint tenants by
4 use of [such] the words as [herein] provided in Subsection (2)(a); or
5 (b) by conveying to another person or persons an interest in land in which an interest is
6 retained by the grantor and by declaring the creation of a joint tenancy by use of [such] the words
7 as [herein] provided in Subsection (2)(a).
8 (4) In all cases, the interest of joint tenants [must] shall be equal and undivided.
9 (5) A "joint tenancy" is converted into a "tenancy in common" by a joint tenant by making
10 a bona fide conveyance of the joint tenant's interest in the property to himself and another which
11 terminates the joint tenancy.
12 (6) This act has no retrospective operation h AND SHALL GOVERN INSTRUMENTS EXECUTED
12a AND RECORDED S ON OR s AFTER MAY 5, 1997 h .
















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Amend on 3_goldenrod February 28, 1997 - 2 -

lilac-February 14, 1997