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Tenancy in typical unless joint tenancy planned, when; exception; joint tenancy provisions. Real or individual residential or commercial property approved or designed to 2 or more individuals including a grant or create to a couple shall produce in them a tenancy in typical with respect to such residential or commercial property unless the language used in such grant or develop makes it clear that a joint occupancy was planned to be created: Except, That a grant or devise to executors or trustees, as such, shall develop in them a joint tenancy unless the grant or devise expressly declares otherwise. Where joint occupancy is planned as above supplied it may be created by:

(a) Transfer to persons as joint tenants from an owner or a joint owner to himself or herself and one or more persons as joint tenants;

(b) from renters in common to themselves as joint renters; or

(c) by coparceners in voluntary partition to themselves as joint renter.

Where a deed, transfer or conveyance grants an estate in joint occupancy in the approving stipulation thereof and such deed, transfer, or conveyance has a hebendum stipulation inconsistent therewith, the granting provision shall manage. When a joint tenant dies, a licensed copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate developing such death issued by the appropriate federal, state or local official authorized to issue such certificate, or an affidavit of death from some responsible person who understands the truths, shall make up prima facie evidence of such death and in cases where genuine residential or commercial property is involved such certificate or affidavit shall be tape-recorded in the office of the register of deeds in the county where the land is located. The arrangements of this act shall apply to all estates in joint occupancy in either real or personal residential or commercial property heretofore or hereafter produced and absolutely nothing herein consisted of will prevent execution, levy and sale of the interest of a judgment debtor in such estates and such sale will make up a severance.

History: L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.

Law Review and Bar Journal References:

Creation without 3rd party prior to 1955 change gone over, Joseph W. Morris, 15 J.B.A.K. 241, 243 (1947 ).

Procedure for termination talked about, J. G. Somers, 1952 J.C.B. 78.

Disadvantages of jointly owned residential or commercial property, James D. Dye, 21 J.B.A.K. 351 (1953 ).

Foolproof survivorship deed? William R. Scott, 22 J.B.A.K. 128, 130 (1953 ).

Case of Malone v. Sullivan, 136 K. 193, 14 P. 2d 647, mentioned in note on survivorship interests in a joint safe deposit, 3 K.L.R. 368, 370 (1955 ).

1955-56 study of real residential or commercial property and future interests, Ferd E. Evans, Jr., 5 K.L.R. 300, 311, 312 (1956 ).

1956-57 study of real residential or commercial property and future interests, Ferd E. Evans, Jr., 6 K.L.R. 225, 227, 228 (1957 ).

Amendment of 1955 quoted and gone over, James D. Dye, 25 J.B.A.K. 334, 335 (1957 ).

Real estate title requirements dealing with joint occupancies, William R. Scott, 7 K.L.R. 180 (1958 ).

Quoted in discuss language, 1 W.L.J. 498 (1961 ).

Joint tenancies in bank accounts, 11 K.L.R. 277, 278, 279 (1962 ).

"Attachment or Garnishment of Jointly Held Bank Accounts," Clarence Koch, 7 W.L.J. 51, 57 (1967 ).

"Joint Tenancy; Effects Explored," Marvin E. Thompson, 37 J.B.A.K. 83, 84, 85 (1968 ).

"Comment on Felonious Killing as a Bar to Intestate Succession," Gary D. Taylor, 8 W.L.J. 128, 132 (1968 ).

Survey of Kansas law on genuine and personal residential or commercial property (1965-1969), 18 K.L.R. 427, 439 (1970 ).

"Does Kansas Need the Uniform Probate Code?" Verne M. Laing, 42 J.B.A.K. 139, 185 (1973 ).

"Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 45 (1974 ).

Survey of residential or commercial property law, Mark Corder and William J. Paprota, 15 W.L.J. 387, 389 (1976 ).

"Survey of Kansas Law: Real and Personal Residential Or Commercial Property," Deanell R. Tacha, 27 K.L.R. 283, 298 (1979 ).

"Disclaimer Statutes: New Federal and State Tools for Postmortem Estate Planning," Carolyn A. Adams, 20 W.L.J. 42, 60 (1980 ).

"Garnishment in Kansas: A Procedural Paradox," Leon B. Graves, 49 J.B.A.K. 129, 133.

"Will Substitutes in Kansas," Jana J. Deines and Michael E. McMahon, 23 W.L.J. 132, 140, 141 (1983 ).

"Contracts to Will: An Estate Planning Alternative for the Kansas Practitioner," Kevin J. Arnel, Steven J. Wood, 26 W.L.J. 444, 459 (1987 ).

"Don't Intend On Aging: The Kansas Supreme Court Reaffirms Its Hostility Toward Medicaid Planning [Brewer v. Schalansky, 102 P. 3d 1145 (Kan. 2004)]," Bryn A. Poland, 45 W.L.J. 491 (2006 ).

Attorney General's Opinions:

Recordation of death certificates with county register of deeds; open public records. 91-87.

CASE ANNOTATIONS

1. History, purpose and effect of section talked about; conveyance interpreted. Bouska v. Bouska, 159 Kan. 276, 279, 280, 153 P. 2d 923.

2. Survivorship might be created by contract making intent clear; evidence inadequate. Spark v. Brown, 167 Kan. 159, 164, 205 P. 2d 938.

3. Joint tenancy might be produced in personalty; cost savings account held joint tenancy. In re Estate of Fast, 169 Kan. 238, 242, 218 P. 2d 184.

4. Phrase "or the survivor or survivors of them" did not produce joint tenancy. In re Estate of Swingle, 178 Kan. 529, 531, 289 P. 2d 778.

5. Cited in holding section K.S.A. 59-513 inapplicable to making it through joint occupant. In re Estate of Foster, 182 Kan. 315, 320, 320 P. 2d 855.

6. Realty joint occupancy; sale; proceeds still in joint occupancy; intent; survivorship. In re Estate of Hewitt, 183 Kan. 352, 354, 355, 327 P. 2d 872.

7. Construed; language in deed did not plainly suggest joint occupancy was planned. Riggs v. Snell, 186 Kan. 355, 358, 359, 360, 350 P. 2d 54. Clarified in rejecting rehearing, 186 Kan. 725, 726, 352 P. 2d 1056.

8. Checking account; evidence inadequate to show joint tenancy developed; intent. Miller v. Higgins, 188 Kan. 736, 738, 740, 741, 366 P. 2d 257.

9. Deed interpreted; beneficiaries held occupants in typical; rights figured out. Holt v. King, 250 F. 2d 671, 674.

10. History of joint occupancy in Kansas evaluated; joint tenancy is legal relationship; federal tax lien against one joint owner enforceable against his interest in the residential or commercial property. Edwards v. United States, 215 F. Supp. 382, 383, 384, 386.

11. Trustees hold as joint tenants, not as occupants in typical. Rothenberg v. United States, 233 F. Supp. 864, 867.

12. Joint occupancy in bank account created under truths. Simonich, Executrix v. Wilt, 197 Kan. 417, 420, 417 P. 2d 139.

13. Ownership of joint residential or commercial property by survivor is based upon acquisition agreement and not inheritance. In re Estate of Pyke, 199 Kan. 1, 2, 9, 12, 427 P. 2d 67.

14. Signature card made up an agreement creating joint tenancy savings account. In re Estate of Smith, 199 Kan. 89, 93, 427 P. 2d 443.

15. Introductory provision of a deed describing beneficiaries as joint renters developed joint tenancy. Spresser v. Langmade, 199 Kan. 96, 98, 427 P. 2d 478.

16. Grant of personal residential or commercial property to 2 or more individuals creates occupancy in common unless language of grant is clear that joint tenancy meant. Pace v. First National Bank of Osawatomie, 271 F. Supp. 230.

17. Oral agreement in between bank and depositors; joint occupancy developed. Edwards v. Ledford, 201 Kan. 518, 522, 523, 525, 526, 441 P. 2d 834.

18. Section does not prevent oral proof of joint tenancy contract; contract term requirements. In re Estate of Carlson, 201 Kan. 635, 644, 443 P. 2d 339.

19. Joint tenancy not developed where blank on checking account signature card suggesting kind of account not completed. Pace v. First National Bank of Osawatomie, Kansas, 404 F. 2d 52, 53, 54.

20. Joint tenancy in savings account not developed where intent of the depositor is unclear; parol proof admissible to clarify objective of depositor where claim made that a joint tenancy checking account was developed. In re Estate of Johnson, 202 Kan. 684, 696, 697, 452 P. 2d 286.

21. Mentioned in considering automobile ownership. Mercantile Bank & Trust Co. v. Western Casualty & Sur. Co., 415 F. 2d 606, 611.

22. Will construed; language in will currently revealed intention to produce joint occupancy. In re Estate of Truex, 205 Kan. 169, 173, 468 P. 2d 237.

23. Curative statute (K.S.A. 58-2270) retroactively affecting vested rights held unconstitutional. Davis, Administrator v. Union Pacific Railway Co., 206 Kan. 40, 43, 46, 476 P. 2d 635.

24. Oral evidence of oral joint tenancy agreement admissible; insufficiency of evidence; no claim developed. In re Estate of Matthews, 208 Kan. 492, 493, 500, 507, 493 P. 2d 555.

25. Discussed; guidelines governing the production and establishment of joint tenancies talked about. Winsor v. Powell, 209 Kan. 292, 299, 497 P. 2d 292.

26. Applied; action to foreclose mechanics lien; rigorous compliance with notice provisions of K.S.A. 60-1103 required. Schwaller Lumber Co., Inc. v. Watson, 211 Kan. 141, 147, 505 P. 2d 147.

27. Cited in action figuring out title to profits from sale of wheat by insolvent occupant. Mater v. Boese, 213 Kan. 711, 718, 518 P. 2d 482.

28. Surviving occupants took whole of account; trust satisfied on interest of one survivor. Johnson v. Capitol Federal Savings and Loan Association, 215 Kan. 286, 290, 291, 524 P. 2d 1127.

29. Joint tenancy contractual arrangement governed by agreement law; spouse's right to get rid of individual residential or commercial property throughout life time. Eastman, Administrator v. Mendrick, 218 Kan. 78, 85, 542 P. 2d 347.

30. Magic words missing from certificate of deposit; basic guidelines stated; intent to develop joint tenancy developed by parol proof. In re Estate of Wood, 218 Kan. 630, 632, 635, 545 P. 2d 307.

31. Section kept in mind; Kansas no longer acknowledges tenancy by whole. Walnut Valley State Bank v. Stovall, 1 Kan. App. 2d 421, 426, 566 P. 2d 33
. 32. Applied; quiet title action; adverse possession requirements not met. Renensland v. Ellenberger, 1 Kan. App. 2d 659, 665, 574 P. 2d
217. 33. Joint renter convicted of feloniously eliminating partner ended up being tenant in common with heirs of spouse. In re Estate of Shields, 1 Kan. App. 2d 688, 693, 574 P. 2d
229. 34. Garnishment of joint tenancy bank account severed joint occupancy; rebuttable anticipation of equal ownership; problem of proof. Walnut Valley State Bank v. Stovall, 223 Kan. 459, 460, 461, 574 P. 2d 1382.

35. Admissibility of parol and extrinsic evidence to prove joint tenancy ownership of intangible individual residential or commercial property; when. In re Estate of Girndt, 225 Kan. 352, 354, 590 P. 2d 1038.

36. Device of real residential or commercial property to 2 or more individuals "share and share alike, or to the survivor of them" produces occupancy in common. McVey v. Pfingston, 3 Kan. App. 2d 276, 278, 593 P. 2d 1014. 37. Mentioned in determination of whether interests of two different trusts developed by a will were held as occupancy in typical or in joint tenancy. In re Estate of Berryman, 226 Kan. 116, 123, 595 P. 2d 1120.

38. Statute needs clear evidence that owner meant to create ownership in joint tenancy. In re Estate of Carter, 6 Kan. App. 2d 934, 937, 938, 636 P. 2d 227 (1981 ).

39. Estates in entirety abolished in Kansas in 1891. Hall v. Hamilton, 233 Kan. 880, 884, 667 P. 2d 350 (1983 ).

40. Cited on question of type of residential or commercial property interest communicated by one looking for medical support from S.R.S. Neaderhiser v. State Dept. of Social & Rehab. Serv., 9 Kan. App. 2d 115, 117, 673 P. 2d 462 (1984 ).

41. Cited; concepts utilized in figuring out presence of joint occupancy account taken a look at; four unities under common law noted. Robertson v. Ludwig, 12 Kan. App. 2d 571, 576, 752 P. 2d 690 (1988 ).

42. Presumption of equal ownership among celebrations developed by joint occupancy is rebuttable; party attacking has problem. In Re Crouch C Stores, Inc., 120 B.R. 178, 180 (1990 ).

43. Income tax refund may not be approved or designed; debtor's estate should disperse to lenders. In Re Ballou, 12 B.R. 611, 612 (1981 ).

44. Noted where joint tenancy funds lent to son by parents were set off versus distributive share from estate. In re Estate of Button, 17 Kan. App. 2d 11, 16, 830 P. 2d 1216(1992

). 45. Rebuttable anticipation of equal ownership occurs where tenancy in typical exists. In re Griffin, 141 B.R. 207, 208, 211 (1992 ).

46. Prenuptial arrangement directing disposition of specific realty governs in spite of parties later deeding residential or commercial property to themselves as joint renters. King v. Estate of King, 25 Kan. App. 2d 335, 337, 962 P. 2d 1118 (1998 ).

47. Joint tenancy developed although interest in residential or commercial property was 99% for grantor mother and 1% for grantee boy. In re Estate of Lasater, 30 Kan. App. 2d 1021, 54 P. 3d 511 (2002 ).

48. Mentioned in determining whether a joint occupancy account is produced. Wilson v. Wilson, 37 Kan.

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