58-501.
Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions.
Real or personal property granted or devised to two or more persons including a grant or devise to a husband and wife shall create in them a tenancy in common with respect to such property unless the language used in such grant or devise makes it clear that a joint tenancy was intended to be created: Except, That a grant or devise to executors or trustees, as such, shall create in them a joint tenancy unless the grant or devise expressly declares otherwise. Where joint tenancy is intended as above provided it may be created by:
(a) Transfer to persons as joint tenants from an owner or a joint owner to himself or herself and one or more persons as joint tenants;
(b) from tenants in common to themselves as joint tenants; or
(c) by coparceners in voluntary partition to themselves as joint tenant.
Where a deed, transfer or conveyance grants an estate in joint tenancy in the granting clause thereof and such deed, transfer, or conveyance has a hebendum clause inconsistent therewith, the granting clause shall control. When a joint tenant dies, a certified copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death issued by the proper federal, state or local official authorized to issue such certificate, or an affidavit of death from some responsible person who knows the facts, shall constitute prima facie evidence of such death and in cases where real property is involved such certificate or affidavit shall be recorded in the office of the register of deeds in the county where the land is situated. The provisions of this act shall apply to all estates in joint tenancy in either real or personal property heretofore or hereafter created and nothing herein contained shall prevent execution, levy and sale of the interest of a judgment debtor in such estates and such sale shall constitute a severance.
History:
L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.
Notes of Decisions
Cited in
34
cases (
2 in the last 5 years), 1967–2024 · leading case:
In Re the Est. of Lane, 188 P.3d 23 (Kan. Ct. App. 2008).
In Re the Est. of Lane, 188 P.3d 23 (Kan. Ct. App. 2008).
· cites it 8× “3d 1136 (2007) (noting that the parties' intent is key to the creation of an ownership relationship under K.S.A. 58-501). In Lampe and Griffin , the court found that a farm wife had a co-ownership in farm equipment even without any written documentation.”
Wilson v. Wilson, 154 P.3d 1136 (Kan. Ct. App. 2007).
· cites it 4× “] A joint tenancy account is created when the depositor signs a signature card naming himself and another “as joint tenants with right of survivorship and not as tenants in common.”
Lampe v. Iola Bank & Trust (In Re Lampe), 278 B.R. 205 (10th Cir. BAP 2002).
· cites it 2× “Although a rebuttable presumption of equal ownership arises under Kansas law if a husband and wife own property as tenants in common; see Kan. Stat. Ann. § 58-501 ; In re Griffin, 141 B.”
Walnut Valley State Bank v. Stovall, 574 P.2d 1382 (Kan. 1978).
· cites it 2× “(K.S.A. 58-501). A joint tenancy bank account gives any party on the account a complete power of disposal.”
Robertson v. Ludwig, 752 P.2d 690 (Kan. Ct. App. 1988).
· cites it 6× “Although the presumption of joint tenancy with the right of survivorship as it existed under the common law has been abolished by statute (K.S.A. 58-501), a valid joint tenancy may be created by a contractual arrangement which confers equivalent legal rights and obligations upon…”
Ballou v. Lentz (In Re Ballou), 12 B.R. 611 (Bankr. D. Kan. 1981).
· cites it 3× “K.S.A. 58-501 states in part, with regard to tenancy in common and joint tenancy: “Real or personal property granted or devised to two or more persons including a grant or devise to a husband and wife shall create in them a tenancy in common with respect to such property .”
In Re Est. of Wood, 545 P.2d 307 (Kan. 1976).
· cites it 3× “To create a joint tenancy K.S.A. 58-501 must be satisfied. It reads: "Real or personal property granted or devised to two or more persons including a grant or devise to a husband and wife shall create in them a tenancy in common with respect to such property unless the language…”
Est. of Johnson v. Johnson, 452 P.2d 286 (Kan. 1969).
· cites it 2× “The district court, after noting the contract portion of the card was not signed, found that Hazel's name was added only for Charles' convenience and not with the intent to give her a half interest or joint tenancy with survivorship interest in the account.”
In Re Griffin, 141 B.R. 207 (Bankr. D. Kan. 1992).
· cites it 2× “From the evidence presented, the Court concludes that Victoria was in possession of and held title to a co-ownership interest in the non-exempt farm equipment when the Chapter 7 petition was filed.”
Hall v. Hamilton, 667 P.2d 350 (Kan. 1983).
“) Estates in the entirety were abolished in Kansas in 1891 (see K.S.A. 58-501 and G.S. 1935, 22-132). In the case at hand, there is no indication that the instrument creating the joint tenancy contained any provisions restricting the rights of the joint tenants to seek partition…”
— K.S.A. § 58-501(a) — 1 case
Robertson v. Ludwig, 752 P.2d 690 (Kan. Ct. App. 1988).
“Although the presumption of joint tenancy with the right of survivorship as it existed under the common law has been abolished by statute (K.S.A. 58-501), a valid joint tenancy may be created by a contractual arrangement which confers equivalent legal rights and obligations upon…”
— K.S.A. § 58-501(c) — 1 case
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