Alaska Statutes
Alaska Stat. § 34.15.110 (2026)
Conveyances construed as creating tenancy in common
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Sec. 34.15.110. Conveyances construed as creating tenancy in common.
(a) A conveyance or devise of land or an interest in land made to two or more persons, other than to executors and trustees, as such, shall be construed to create a tenancy in common in the estate, except as provided in (b) of this section and AS 34.77.100.
(b) A husband and wife who acquire title in real property hold the estate as tenants by the entirety, except as provided by AS 34.77.100 or unless it is expressly declared otherwise in the conveyance or devise. The conveyance shall recite the marital status of the parties acquiring title to the real property.
(a) A conveyance or devise of land or an interest in land made to two or more persons, other than to executors and trustees, as such, shall be construed to create a tenancy in common in the estate, except as provided in (b) of this section and AS 34.77.100.
(b) A husband and wife who acquire title in real property hold the estate as tenants by the entirety, except as provided by AS 34.77.100 or unless it is expressly declared otherwise in the conveyance or devise. The conveyance shall recite the marital status of the parties acquiring title to the real property.
Notes of Decisions
Cited in 6
cases, 1981–2014 · leading case: State v. Schmidt, 323 P.3d 647 (Alaska 2014).
State v. Schmidt, 323 P.3d 647 (Alaska 2014). “130 (abolishing joint tenancies except interests in personalty and tenancy by the entirety); see also AS 34.15.110(a). Tenancy in common is “[a] tenancy by two or more persons, in equal or unequal undivided shares, each person having an equal right to possess the whole property…”
Windel v. Mat-Su Title Ins. Agency, Inc., 305 P.3d 264 (Alaska 2013). “But we also note that the Win-dels alleged in their first amended complaint that they held title to their property as tenants by the entirety, and that a tenancy by the entirety is an undivided interest in real property-'"[a) common-law estate in which each spouse [owns] the…”
Afognak Jt. Venture v. Old Harbor Native Corp., 151 P.3d 451 (Alaska 2007). “130: Except as provided in AS 34.15.110(b) [presumption of tenancy in entirety where husband and wife hold title] and AS 34.”
D.M. v. D.A., 885 P.2d 94 (Alaska 1994). “DISCUSSION 1. The Palmer Property The deed D.A. executed on December 30, 1988, conveyed her interest in the Palmer property to herself and D.”
Dimond v. Kelly, 629 P.2d 533 (Alaska 1981). “Appellees do not appear to admit this, but under AS 34.15.110 a “devise of land or an interest in land made to two or more persons [excepting husband and wife] .”
Dm v. Da, 885 P.2d 94 (Alaska 1994). “II. DISCUSSION 1. The Palmer Property The deed D.”
— Alaska Stat. § 34.15.110(a) — 3 cases
State v. Schmidt, 323 P.3d 647 (Alaska 2014). “130 (abolishing joint tenancies except interests in personalty and tenancy by the entirety); see also AS 34.15.110(a). Tenancy in common is “[a] tenancy by two or more persons, in equal or unequal undivided shares, each person having an equal right to possess the whole property…”
D.M. v. D.A., 885 P.2d 94 (Alaska 1994). “DISCUSSION 1. The Palmer Property The deed D.A. executed on December 30, 1988, conveyed her interest in the Palmer property to herself and D.”
Dm v. Da, 885 P.2d 94 (Alaska 1994). “II. DISCUSSION 1. The Palmer Property The deed D.”
— Alaska Stat. § 34.15.110(b) — 3 cases
State v. Schmidt, 323 P.3d 647 (Alaska 2014). “130 (abolishing joint tenancies except interests in personalty and tenancy by the entirety); see also AS 34.15.110(a). Tenancy in common is “[a] tenancy by two or more persons, in equal or unequal undivided shares, each person having an equal right to possess the whole property…”
Windel v. Mat-Su Title Ins. Agency, Inc., 305 P.3d 264 (Alaska 2013). “But we also note that the Win-dels alleged in their first amended complaint that they held title to their property as tenants by the entirety, and that a tenancy by the entirety is an undivided interest in real property-'"[a) common-law estate in which each spouse [owns] the…”
Afognak Jt. Venture v. Old Harbor Native Corp., 151 P.3d 451 (Alaska 2007). “130: Except as provided in AS 34.15.110(b) [presumption of tenancy in entirety where husband and wife hold title] and AS 34.”
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