H.B. 80

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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 full rights of survivorship" or "and to the 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

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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