right to the entirety by survivorship.
(1) If real estate is conveyed or devised to husband and wife, unless a right by survivorship is expressly provided for, there shall be no mutual right to the entirety by survivorship between them, but they shall take as tenants in common, and the respective moieties shall be subject to the respective rights of the husband or wife as fixed in KRS Chapter 392, with all other incidents to such tenancy.
(2) Where a conveyance or devise expressly creates a mutual right to the entirety by survivorship in real estate between a husband and wife, no provision of the will of the husband or wife shall be construed to defeat such right to the entirety by survivorship of the surviving spouse. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 2, sec. 1, effective July 15, 1980. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2143.
Notes of Decisions
Cited in
6
cases (
3 in the last 5 years), 1948–2026 · leading case:
Slone v. Casey, 194 S.W.3d 336 (Ky. Ct. App. 2006).
Slone v. Casey, 194 S.W.3d 336 (Ky. Ct. App. 2006).
“KRS 381.050(1). 3 .In June 2004, Avery Casey and Shirley Casey filed a motion to revive the action, naming Eulah and her three children as the heirs of Gene.”
Newton v. Newton, 365 S.W.3d 565 (Ky. Ct. App. 2011).
“” In affirming, the federal appellate court stated: We turn next to the question of the residence.”
Lowery v. Madden, 214 S.W.2d 592 (Ky. Ct. App. 1948).
“on the contrary the whole of the life estate became vested in Ida Wade by right of survivorship even though no right of survivorship was mentioned in the deed.”
Suzanne Wheeler v. Katharine Layton (Ky. Ct. App. 2021).
“6 This conclusion is not in conflict with KRS 381.050(2), which provides that when a husband and wife own property via tenancy by the entirety, “no provision of the will of the husband or wife shall be construed to defeat such right to the entirety by survivorship of the…”
Charles Adamson v. Jonathan Adamson (Ky. 2021).
“The parties evidently came to an agreement regarding the 2 KRS 381.050(1) 2 lawsuit. The three brothers then entered a room together with no other party present.”
— Ky. Rev. Stat. § 381.050(1) — 2 cases
Slone v. Casey, 194 S.W.3d 336 (Ky. Ct. App. 2006).
“KRS 381.050(1). 3 .In June 2004, Avery Casey and Shirley Casey filed a motion to revive the action, naming Eulah and her three children as the heirs of Gene.”
Charles Adamson v. Jonathan Adamson (Ky. 2021).
“The parties evidently came to an agreement regarding the 2 KRS 381.050(1) 2 lawsuit. The three brothers then entered a room together with no other party present.”
— Ky. Rev. Stat. § 381.050(2) — 1 case
Suzanne Wheeler v. Katharine Layton (Ky. Ct. App. 2021).
“6 This conclusion is not in conflict with KRS 381.050(2), which provides that when a husband and wife own property via tenancy by the entirety, “no provision of the will of the husband or wife shall be construed to defeat such right to the entirety by survivorship of the…”
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