When one joint tenant dies before the severance, his interest does not survive to the other joint tenants but descends and vests as if his interest had been severed and ascertained; provided, that in the event it is stated in the instrument creating such tenancy that such tenancy is with right of survivorship or other words used therein showing such intention, then, upon the death of one joint tenant, his interest shall pass to the surviving joint tenant or tenants according to the intent of such instrument. This shall include those instruments of conveyance in which the grantor conveys to himself and one or more other persons and in which instruments it clearly appears that the intent is to create such a survivorship between joint tenants as is herein contemplated.
(Code 1852, §1312; Code 1867, §1582; Code 1876, §2191; Code 1886, §1837; Code 1896, §1033; Code 1907, §3419; Code 1923, §6924; Code 1940, T. 47, §19; Acts 1945, No. 505, p. 730; Acts 1951, No. 885, p. 1526.)
Notes of Decisions
Cited in
28
cases (
2 in the last 5 years), 1981–2023 · leading case:
Ex parte Arvest Bank, 219 So. 3d 620 (Ala. 2016).
Ex parte Arvest Bank, 219 So. 3d 620 (Ala. 2016).
· cites it 9× “Ala. Code § 35-4-7 (1975). If the deed did not create a survivorship estate, then Mr.”
Parr v. Godwin, 463 So. 2d 129 (Ala. 1984).
· cites it 9× “Title is determined in accordance with the intentions of the parties "stated in the instrument creating such tenancy," pursuant to Code 1975, § 35-4-7. The only word used in the checking account agreement in the instant case from which one might infer the creation of a joint…”
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017).
· cites it 3× “Several other states both prescribe the manner of descent and also expressly permit the creation of a survivorship interest by express language: Ala. Code § 35-4-7 (2014); Fla. Stat. § 689.”
Lovett v. Uptain, 450 So. 2d 113 (Ala. Civ. App. 1983).
· cites it 4× “Rather, title is determined in accordance with the intentions of the parties, `stated in the instrument creating such tenancy,' pursuant to § 35-4-7. When § 5-5A-41 superseded § 5-1-25, effective May 28, 1980, the survivorship between joint tenants provisions of § 35-4-7, which…”
Durant v. Hamrick, 409 So. 2d 731 (Ala. 1981).
· cites it 2× “Stated concisely, the rule established by Bernhard is that where two or more persons own property concurrently, with right of survivorship, regardless of what language is used in the instrument creating the estate, they are, by virtue of § 19, Title 47 [Code 1975, § 35-4-7],…”
Dougherty v. Hovater, 447 So. 2d 185 (Ala. 1984).
· cites it 4× “Section 35-4-7 of the Alabama Code provides: “When one joint tenant dies before the severance, his interest does not survive to the other joint tenants, but descends and vests as if his interest had been severed and ascertained; provided, that in the event it is stated in the…”
Johnson v. Sims, 501 So. 2d 453 (Ala. 1986).
· cites it 3× “1984), this Court, applying Code 1975, § 35-4-7, held that title to funds in a joint bank account set up after passage of § 5-5A-41 is to be determined according to the intentions of the parties as stated in the instrument which created the tenancy.”
Knight v. Lott, 579 So. 2d 1298 (Ala. 1991).
· cites it 3× “Sherrer and it held that only one-half of the proceeds of the certificates was the property of the estate under Ala. Code 1975, § 35-4-7. The certificates were initially purchased in the names of “Lottie M.”
In re Williams, 476 B.R. 329 (Bankr. N.D. Ala. 2012).
· cites it 2× “Ala.Code § 35-4-7; Nunn v. Keith, 289 Ala.”
Watford v. Hale, 410 So. 2d 885 (Ala. 1982).
“2d at 792 : "[W]e hold that [§ 35-4-7, Code 1975] recognizes joint tenancy, with right of survivorship, as a valid estate in realty or personalty, and that it differs from the common law estate of the same name only in so far as (1) the statutory requirement that the intention…”
Howard v. Burton, 470 So. 2d 1176 (Ala. 1985).
· cites it 2× “Without addressing the question of the applicability, vel non, of § 5-1-25, this Court ruled, based on § 35-4-7, that the survivor was not entitled to the proceeds because the certificate did not contain a provision establishing a right of survivorship.”
Martin v. Hester, 628 So. 2d 434 (Ala. 1993).
· cites it 4× “” Alabama Code 1975, § 35-4-7, provides, in pertinent part: “When one joint tenant dies before the severance, his interest does not survive to the other joint tenants but descends and' vests as if his interest had been severed and ascertained; provided, that in the event it is…”
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