Tenancy in typical unless joint tenancy planned, when; exception; joint occupancy provisions. Real or personal residential or commercial property granted or developed to 2 or more persons consisting of a grant or develop to a couple shall create in them a tenancy in common with regard to such residential or commercial property unless the language used in such grant or devise makes it clear that a joint tenancy was planned to be developed: Except, That a grant or devise to executors or trustees, as such, shall develop in them a joint tenancy unless the grant or develop expressly states otherwise. Where joint occupancy is meant as above offered it might be created by:

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

(b) from renters in typical to themselves as joint tenants; 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 clause irregular therewith, the granting stipulation will manage. When a joint occupant 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 provided by the appropriate federal, state or local official licensed to release such certificate, or an affidavit of death from some accountable person who knows the realities, shall constitute prima facie evidence of such death and in cases where real residential or commercial property is involved such certificate or affidavit shall be taped in the workplace of the register of deeds in the county where the land is positioned. The arrangements of this act will apply to all estates in joint occupancy in either real or individual residential or commercial property heretofore or hereafter created and absolutely nothing herein contained shall prevent execution, levy and sale of the interest of a judgment debtor in such estates and such sale shall 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 third party prior to 1955 amendment talked about, Joseph W. Morris, 15 J.B.A.K. 241, 243 (1947 ).

Procedure for termination discussed, 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 real residential or commercial property and future interests, Ferd E. Evans, Jr., 5 K.L.R. 300, 311, 312 (1956 ).

1956-57 study of genuine 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 ).

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

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

Joint tenancies in checking account, 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 genuine 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, function 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 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 occupancy. 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; 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 plainly suggest joint occupancy was intended. 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; proof inadequate to reveal joint occupancy developed; intent. Miller v. Higgins, 188 Kan. 736, 738, 740, 741, 366 P. 2d 257.

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

10. History of joint tenancy in Kansas examined; joint tenancy is contractual relationship; federal tax lien versus 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 occupants, not as renters in common. Rothenberg v. United States, 233 F. Supp. 864, 867.

12. Joint tenancy in savings account created under facts. 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 contract and not inheritance. In re Estate of Pyke, 199 Kan. 1, 2, 9, 12, 427 P. 2d 67.

14. Signature card constituted an agreement producing joint tenancy checking account. In re Estate of Smith, 199 Kan. 89, 93, 427 P. 2d 443.

15. Introductory clause of a deed referring to beneficiaries as joint renters established joint occupancy. Spresser v. Langmade, 199 Kan. 96, 98, 427 P. 2d 478.

16. Grant of individual residential or commercial property to 2 or more persons produces 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 agreement in between bank and depositors; joint tenancy developed. Edwards v. Ledford, 201 Kan. 518, 522, 523, 525, 526, 441 P. 2d 834.

18. Section does not prevent oral proof of joint occupancy agreement; agreement 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 in. Pace v. First National Bank of Osawatomie, Kansas, 404 F. 2d 52, 53, 54.

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

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

22. Will interpreted; language in will already revealed intention to develop 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 contract admissible; deficiency of proof; no claim established. In re Estate of Matthews, 208 Kan. 492, 493, 500, 507, 493 P. 2d 555.

25. Discussed; rules 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 arrangements 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 determining title to proceeds 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 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 plan governed by agreement law; partner's right to deal with personal residential or commercial property throughout lifetime. Eastman, Administrator v. Mendrick, 218 Kan. 78, 85, 542 P. 2d 347.

30. Magic words absent from certificate of deposit; basic rules specified; intent to create joint occupancy established 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 whole. Walnut Valley State Bank v. Stovall, 1 Kan. App. 2d 421, 426, 566 P. 2d 33

. 32. Applied; quiet title action; negative possession requirements not satisfied. Renensland v. Ellenberger, 1 Kan. App. 2d 659, 665, 574 P. 2d

217. 33. Joint occupant founded guilty of feloniously eliminating hubby ended up being renter in common with heirs of hubby. 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 presumption of equal ownership; problem 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 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" develops occupancy in common. McVey v. Pfingston, 3 Kan. App. 2d 276, 278, 593 P. 2d 1014. 37. Mentioned in decision of whether interests of 2 separate trusts developed 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 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 whole 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 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 determining presence of joint tenancy account examined; 4 unities under typical law noted. Robertson v. Ludwig, 12 Kan. App. 2d 571, 576, 752 P. 2d 690 (1988 ).

42. Presumption of equivalent ownership amongst celebrations created by joint occupancy is rebuttable; celebration attacking has burden. In Re Crouch C Stores, Inc., 120 B.R. 178, 180 (1990 ).

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

44. Noted where joint tenancy funds loaned to kid by parents 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 presumption of equal ownership develops where tenancy in typical exists. In re Griffin, 141 B.R. 207, 208, 211 (1992 ).

46. Prenuptial contract directing personality of specific property governs in spite of celebrations later on deeding residential or commercial property to themselves as joint tenants. 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 son. In re Estate of Lasater, 30 Kan. App. 2d 1021, 54 P. 3d 511 (2002 ).

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