Mich. Comp. Laws » Michigan Compiled Laws / Chapter 554 / R.S. of 1846
Michigan Compiled Laws

Mich. Comp. Laws § 554.44 (2026)

Land conveyance to two or more persons; estate created.

✓ current as of July 2026
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Revised Statutes of 1846


R.S. of 1846


554.44 Land conveyance to two or more persons; estate created.

Sec. 44.

    All grants and devises of lands, made to 2 or more persons, except as provided in the following section, shall be construed to create estates in common, and not in joint tenancy, unless expressly declared to be in joint tenancy.

History: R.S. 1846, Ch. 62 ;-- CL 1857, 2628 ;-- CL 1871, 4111 ;-- How. 5560 ;-- CL 1897, 8826 ;-- CL 1915, 11562 ;-- CL 1929, 12964 ;-- CL 1948, 554.44

Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1956–2023 · leading case: Tkachik v. Mandeville, 790 N.W.2d 260 (Mich. 2010).
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Tkachik v. Mandeville, 790 N.W.2d 260 (Mich. 2010). · cites it 2× “4 A tenancy by the entirety is a type of concurrent ownership in real property unique to married persons.4 A tenancy by the entirety represents a legal policy arising from the English common law whereby a husband and wife each have a sole tenancy in the real property acquired…”
Wengel v. Wengel, 714 N.W.2d 371 (Mich. Ct. App. 2006). “MCL 554.44 and 554.45. In Albro, supra, our Supreme Court addressed the issue whether a tenant holding real property with a cotenant as joint tenants with full rights of survivor-ship can convey a life estate interest to a third person without the cotenant’s consent.”
Zavradinos v. JTRB, INC., 753 N.W.2d 60 (Mich. 2008). · cites it 4× “A deed or devise of real property to a husband and wife presumptively creates a tenancy by the entireties, MCL 554.44, 554.45, but this presumption may be overcome by explicit language in the deed.”
In Re VanConett Est., 687 N.W.2d 167 (Mich. Ct. App. 2004). · cites it 2× “MCL 554.44; MCL 554.45. Therefore, the VanConetts continued to hold the property as joint tenants with full rights of survivorship after Florence's death.”
DeYoung v. Mesler, 130 N.W.2d 38 (Mich. 1964). · cites it 3× “The order denying the motion to reach an undivided 1/2 interest in the *505 debenture is affirmed. No costs, construction of a statute being involved.”
Thomas v. Dutkavich, 803 N.W.2d 352 (Mich. Ct. App. 2010). “MCL 554.44 and MCL 554.45. Dower interests are also addressed in MCL 700.”
Rendle v. Wiemeyer, 131 N.W.2d 45 (Mich. 1964). · cites it 2× “[7] CL 1948, § 554.44 (Stat Ann 1957 Rev § 26.44), provides: "All grants and devises of lands, made to two or more persons, except as provided in the following section, shall be construed to create estates in common, and not in joint tenancy, unless expressly declared to be in…”
In Re Kappler Est., 341 N.W.2d 113 (Mich. 1983). “" MCL 554.44; MSA 26.44. If the deed in question merely described the parties as "husband and wife", these authorities *240 would clearly lead to the conclusion that they took the land as tenants in common.”
Ballard v. Wilson, 110 N.W.2d 751 (Mich. 1961). “6 CL 1948, § 554.44 (Stat Ann 1957 Rev § 26.44). 7 OL 1948, § 631.”
Rau v. Leidlein, 687 N.W.2d 167 (Mich. Ct. App. 2004). · cites it 3× “A deed or devise of real property to a husband and wife presumptively creates a tenancy by the entire-ties, MCL 554.44, 554.45, but this presumption may be overcome by explicit language in the deed.”
Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2019). · cites it 6× “Notably, the common law rule was limited to corporations and sovereigns, and was not explicitly extended to trusts, which do not enjoy a perpetual existence because of the rule against perpetuities.”
Cindy Schaaf v. Charlene Forbes (Mich. Ct. App. 2019). · cites it 5× “First, I am not convinced that the majority’s interpretation of MCL 554.44 is correct. MCL 554.44 states that all grants and devises of lands: made to 2 or more persons, except as provided in the following section, shall be construed to create estates in common, and not in joint…”
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