Tenancy in common unless joint occupancy intended, when; exception; joint tenancy arrangements. Real or personal residential or commercial property given or created to 2 or more persons consisting of a grant or design to a husband and wife will produce in them an occupancy in common with regard to such residential or commercial property unless the language utilized in such grant or create makes it clear that a joint occupancy was intended to be produced: Except, That a grant or design to administrators or trustees, as such, will develop in them a joint occupancy unless the grant or develop specifically declares otherwise. Where joint occupancy is planned as above supplied it may be produced by:

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

(b) from occupants in typical to themselves as joint occupants; 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 provision thereof and such deed, transfer, or conveyance has a hebendum stipulation inconsistent therewith, the giving provision shall manage. When a joint tenant passes away, a qualified copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death issued by the correct federal, state or local official authorized to issue such certificate, or an of death from some accountable individual who knows the truths, shall make up prima facie proof of such death and in cases where real residential or commercial property is included such certificate or affidavit shall be tape-recorded in the workplace of the register of deeds in the county where the land is positioned. The provisions of this act will use to all estates in joint occupancy in either real or individual residential or commercial property heretofore or hereafter created 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 constitute a severance.

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

Law Review and Bar Journal References:

Creation without third celebration prior to 1955 change 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, mentioned in note on survivorship interests in a joint safe deposit, 3 K.L.R. 368, 370 (1955 ).

1955-56 survey 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 priced estimate and discussed, James D. Dye, 25 J.B.A.K. 334, 335 (1957 ).

Realty 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 occupancies 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 ).

"Talk About 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 Plan 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 impact of section gone over; conveyance construed. Bouska v. Bouska, 159 Kan. 276, 279, 280, 153 P. 2d 923.

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

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

4. Phrase "or the survivor or survivors of them" did not create 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 making it through joint renter. In re Estate of Foster, 182 Kan. 315, 320, 320 P. 2d 855.

6. Real estate joint tenancy; sale; earnings 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 clearly suggest joint occupancy was meant. Riggs v. Snell, 186 Kan. 355, 358, 359, 360, 350 P. 2d 54. Clarified in denying rehearing, 186 Kan. 725, 726, 352 P. 2d 1056.

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

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

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

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

12. Joint occupancy in bank account developed 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 producing joint tenancy checking account. In re Estate of Smith, 199 Kan. 89, 93, 427 P. 2d 443.

15. Introductory provision of a deed referring to grantees as joint occupants developed joint occupancy. Spresser v. Langmade, 199 Kan. 96, 98, 427 P. 2d 478.

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

17. Oral agreement 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; contract term requirements. In re Estate of Carlson, 201 Kan. 635, 644, 443 P. 2d 339.

19. Joint tenancy not produced where blank on checking account signature card showing type of account not filled out. Pace v. First National Bank of Osawatomie, Kansas, 404 F. 2d 52, 53, 54.

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

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

22. Will interpreted; language in will currently expressed intent 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 agreement acceptable; insufficiency of proof; 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 occupancies gone over. 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 needed. Schwaller Lumber Co., Inc. v. Watson, 211 Kan. 141, 147, 505 P. 2d 147.

27. Cited in action identifying title to earnings from sale of wheat by insolvent renter. Mater v. Boese, 213 Kan. 711, 718, 518 P. 2d 482.

28. Surviving renters 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 contract law; spouse'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 absent from certificate of deposit; general guidelines stated; intent to produce joint tenancy developed by parol evidence. 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 entirety. 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 eliminating other half became tenant in typical with successors of partner. In re Estate of Shields, 1 Kan. App. 2d 688, 693, 574 P. 2d
229. 34. Garnishment of joint occupancy checking account severed joint tenancy; rebuttable anticipation of equal ownership; concern of evidence. Walnut Valley State Bank v. Stovall, 223 Kan. 459, 460, 461, 574 P. 2d 1382.

35. Admissibility of parol and extrinsic proof to show joint occupancy 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 persons "share and share alike, or to the survivor of them" creates tenancy in typical. McVey v. Pfingston, 3 Kan. App. 2d 276, 278, 593 P. 2d 1014. 37. Mentioned in decision of whether interests of 2 separate trusts created by a will were held as occupancy in typical or in joint occupancy. In re Estate of Berryman, 226 Kan. 116, 123, 595 P. 2d 1120.

38. Statute requires clear evidence that owner planned 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 whole eliminated 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 seeking 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; principles used in figuring out existence of joint occupancy account analyzed; 4 unities under typical law kept in mind. Robertson v. Ludwig, 12 Kan. App. 2d 571, 576, 752 P. 2d 690 (1988 ).

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

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

44. Noted where joint tenancy funds lent to kid by moms and dads were triggered against 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 occupancy in common exists. In re Griffin, 141 B.R. 207, 208, 211 (1992 ).

46. Prenuptial contract directing disposition of specific genuine estate governs regardless of parties 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 created even though interest in residential or commercial property was 99% for grantor mom and 1% for grantee kid. 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.
.