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Tenancy in common unless joint tenancy meant, when; exception; joint occupancy provisions. Real or personal residential or commercial property approved or developed to two or more persons consisting of a grant or create to a partner and partner shall create in them an occupancy in typical with respect to such residential or commercial property unless the language used in such grant or devise makes it clear that a joint tenancy was intended to be developed: Except, That a grant or devise to executors or trustees, as such, will produce in them a joint tenancy unless the grant or devise specifically declares otherwise. Where joint tenancy is intended as above offered it might be produced by:

(a) Transfer to persons as joint occupants from an owner or a joint owner to himself or herself and several persons as joint occupants;

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

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

Where a deed, transfer or conveyance grants an estate in joint occupancy in the granting stipulation thereof and such deed, transfer, or conveyance has a hebendum stipulation irregular therewith, the approving stipulation shall manage. When a joint renter dies, a licensed copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death released by the proper federal, state or regional main licensed to issue such certificate, or an affidavit of death from some accountable individual who knows the truths, will make up prima facie evidence of such death and in cases where genuine residential or commercial property is involved such certificate or affidavit will be tape-recorded in the office of the register of deeds in the county where the land is located. The provisions of this act shall apply to all estates in joint tenancy in either real or individual residential or commercial property heretofore or hereafter developed and nothing herein consisted of will avoid 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 modification discussed, Joseph W. Morris, 15 J.B.A.K. 241, 243 (1947 ).

Procedure for termination gone over, J. G. Somers, 1952 J.C.B. 78.

Disadvantages of collectively 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, pointed out in note on survivorship interests in a joint safe deposit, 3 K.L.R. 368, 370 (1955 ).

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

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

Amendment of 1955 estimated and talked about, James D. Dye, 25 J.B.A.K. 334, 335 (1957 ).

Realty title standards handling joint occupancies, William R. Scott, 7 K.L.R. 180 (1958 ).

Quoted in talk about 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 ).

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

Survey of Kansas law on real and individual 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 of the United States's Opinions:

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

CASE ANNOTATIONS

1. History, purpose and impact of area gone over; conveyance interpreted. Bouska v. Bouska, 159 Kan. 276, 279, 280, 153 P. 2d 923.

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

3. Joint tenancy may be produced in personalty; 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 develop joint tenancy. In re Estate of Swingle, 178 Kan. 529, 531, 289 P. 2d 778.

5. Cited in holding area K.S.A. 59-513 inapplicable to surviving joint renter. In re Estate of Foster, 182 Kan. 315, 320, 320 P. 2d 855.

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

7. Construed; language in deed did not clearly show joint tenancy 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 insufficient to show joint occupancy created; intent. Miller v. Higgins, 188 Kan. 736, 738, 740, 741, 366 P. 2d 257.

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

10. History of joint occupancy in Kansas reviewed; joint tenancy is contractual 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 tenants in typical. Rothenberg v. United States, 233 F. Supp. 864, 867.

12. Joint occupancy in checking account created under realities. 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 developing joint tenancy checking account. In re Estate of Smith, 199 Kan. 89, 93, 427 P. 2d 443.

15. Introductory clause of a deed describing grantees as joint occupants established joint occupancy. Spresser v. Langmade, 199 Kan. 96, 98, 427 P. 2d 478.

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

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

18. Section does not prevent oral evidence of joint occupancy contract; agreement 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 indicating type of account not filled out. Pace v. First National Bank of Osawatomie, Kansas, 404 F. 2d 52, 53, 54.

20. Joint tenancy in bank account not developed where intent of the depositor is uncertain; parol proof acceptable to clarify intention of depositor where claim made that a joint tenancy bank 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 interpreted; language in will currently revealed objective to create joint occupancy. In re Estate of Truex, 205 Kan. 169, 173, 468 P. 2d 237.

23. Curative statute (K.S.A. 58-2270) retroactively impacting 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 occupancy contract acceptable; deficiency of proof; no claim established. In re Estate of Matthews, 208 Kan. 492, 493, 500, 507, 493 P. 2d 555.

25. Discussed; guidelines governing the creation and facility of joint tenancies gone over. Winsor v. Powell, 209 Kan. 292, 299, 497 P. 2d 292.

26. Applied; action to foreclose mechanics lien; rigorous compliance with notification arrangements 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 earnings from sale of wheat by insolvent occupant. Mater v. Boese, 213 Kan. 711, 718, 518 P. 2d 482.

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

29. Joint occupancy contractual arrangement governed by contract law; partner's right to deal with individual residential or commercial property during life time. Eastman, Administrator v. Mendrick, 218 Kan. 78, 85, 542 P. 2d 347.

30. Magic words missing from certificate of deposit; basic rules mentioned; intent to produce joint occupancy 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 occupancy by totality. Walnut Valley State Bank v. Stovall, 1 Kan. App. 2d 421, 426, 566 P. 2d 33
. 32. Applied; quiet title action; adverse ownership requirements not satisfied. Renensland v. Ellenberger, 1 Kan. App. 2d 659, 665, 574 P. 2d
217. 33. Joint tenant founded guilty of feloniously killing husband ended up being renter in typical with successors of spouse. In re Estate of Shields, 1 Kan. App. 2d 688, 693, 574 P. 2d
229. 34. Garnishment of joint occupancy savings account severed joint occupancy; rebuttable presumption of equivalent ownership; concern 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 genuine residential or commercial property to two or more individuals "share and share alike, or to the survivor of them" creates tenancy in common. McVey v. Pfingston, 3 Kan. App. 2d 276, 278, 593 P. 2d 1014. 37. Mentioned in determination of whether interests of 2 separate trusts developed by a will were held as tenancy in common or in joint occupancy. In re Estate of Berryman, 226 Kan. 116, 123, 595 P. 2d 1120.

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

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

40. Cited on question of kind of residential or commercial property interest conveyed by one looking for medical assistance 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; principles used in figuring out presence of joint tenancy account analyzed; 4 unities under typical law noted. Robertson v. Ludwig, 12 Kan. App. 2d 571, 576, 752 P. 2d 690 (1988 ).

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

43. Income tax refund might not be given or devised; debtor's estate need to disperse to lenders. In Re Ballou, 12 B.R. 611, 612 (1981 ).

44. Noted where joint occupancy funds loaned to son by moms and dads were triggered 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 emerges where occupancy in typical exists. In re Griffin, 141 B.R. 207, 208, 211 (1992 ).

46. Prenuptial arrangement directing personality of particular real estate governs despite celebrations later on 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 child. In re Estate of Lasater, 30 Kan. App. 2d 1021, 54 P. 3d 511 (2002 ).
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48. Mentioned in figuring out whether a joint tenancy account is created. Wilson v. Wilson, 37 Kan.
.