Ind. Code » Title 32
Indiana Code

Ind. Code § 32-17-2-1 (2026)

Application; two or more persons; conveyances and devises

✓ current as of May 2026
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     Sec. 1. (a) This section does not apply to:

(1) mortgages;

(2) conveyances in trust; or

(3) conveyances made to husband and wife.

     (b) Every estate vested in executors or trustees as executors shall be held by them in joint tenancy.

     (c) Except as provided in subsection (b), a conveyance or devise of land or of any interest in land made to two (2) or more persons creates an estate in common and not in joint tenancy unless:

(1) it is expressed in the conveyance or devise that the grantees or devisees hold the land or interest in land in joint tenancy and to the survivor of them; or

(2) the intent to create an estate in joint tenancy manifestly appears from the tenor of the instrument.

[Pre-2002 Recodification Citations: 32-1-2-7; 32-1-2-8.]

As added by P.L.2-2002, SEC.2.

 

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2008–2026 · leading case: G. Kevin Powell v. Est. of Gary Powell, 14 N.E.3d 46 (Ind. Ct. App. 2014).
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G. Kevin Powell v. Est. of Gary Powell, 14 N.E.3d 46 (Ind. Ct. App. 2014). · cites it 8× “We agree with the Estate that the starting point in this analysis is I.C. § 32-17-2-1, and specifically the exception set out in subsection (c)(2), to the effect that a conveyance to two or more persons is presumed to create an estate in common unless the tenor of the instrument…”
Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr., 522 S.W.3d 392 (Tenn. 2017). “1005/1 (2014); Ind. Code § 32-17-2-1 (2016); Iowa Code § 557.”
Flatrock River Lodge v. Morris Stout & Tonia Sue Stout, 130 N.E.3d 96 (Ind. Ct. App. 2019). · cites it 2× “Powell v. Estate of Powell , 14 N.E.3d 46 , 48 (Ind.”
Ramer v. Smith, 896 N.E.2d 563 (Ind. Ct. App. 2008). · cites it 4× “Indiana Code section 32-17-2-1 does not apply to conveyances made to husband and wife, see Ind.Code § 32-17-2-1 (a)(3), and as such is not controlling in this case.”
Supervised Est.: Tammi Stodghill v. Bradley Thompson (Ind. Ct. App. 2026). · cites it 2× “10 See I.C. § 32-17-2-1(c). Court of Appeals of Indiana | Opinion 25A-ES-1629 | June 12, 2026 Page 17 of 19 3.”
Ind. Code § 32-17-2-1(c): 2 cases
G. Kevin Powell v. Est. of Gary Powell, 14 N.E.3d 46 (Ind. Ct. App. 2014). “We agree with the Estate that the starting point in this analysis is I.C. § 32-17-2-1, and specifically the exception set out in subsection (c)(2), to the effect that a conveyance to two or more persons is presumed to create an estate in common unless the tenor of the instrument…”
Supervised Est.: Tammi Stodghill v. Bradley Thompson (Ind. Ct. App. 2026). “10 See I.C. § 32-17-2-1(c). Court of Appeals of Indiana | Opinion 25A-ES-1629 | June 12, 2026 Page 17 of 19 3.”
Ind. Code § 32-17-2-1(c)(2): 1 case
G. Kevin Powell v. Est. of Gary Powell, 14 N.E.3d 46 (Ind. Ct. App. 2014). “We agree with the Estate that the starting point in this analysis is I.C. § 32-17-2-1, and specifically the exception set out in subsection (c)(2), to the effect that a conveyance to two or more persons is presumed to create an estate in common unless the tenor of the instrument…”
Ind. Code § 32-17-2-1(e)(2): 1 case
G. Kevin Powell v. Est. of Gary Powell, 14 N.E.3d 46 (Ind. Ct. App. 2014). “We agree with the Estate that the starting point in this analysis is I.C. § 32-17-2-1, and specifically the exception set out in subsection (c)(2), to the effect that a conveyance to two or more persons is presumed to create an estate in common unless the tenor of the instrument…”
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