All conveyances or devises of land made to two (2) or more persons, including conveyances or devises to husband and wife, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.
An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses.
Codes, 1857, ch. 36, art. 18; 1871, § 2301; 1880, § 1197; 1892, § 2441; 1906, § 2770; Hemingway's 1917, § 2274; 1930, § 2113; 1942, § 834; Laws, 1958, ch. 237; Laws, 1993, ch. 395, § 1, eff. 7/1/1993.
Notes of Decisions
Cooper v. Crabb, 587 So. 2d 236 (Miss. 1991).
“Miss. Code Ann. § 89-1-7 (1972). They "may operate as a present and completed gift in joint ownership," Estate of Strange, 548 So.”
Jordon v. Warren, 602 So. 2d 809 (Miss. 1992).
“Miss. Code Ann. § 89-1-7 (1972). (Emphasis added).”
Lampley v. United States Ex Rel. Farmers Home Admin., 17 F. Supp. 2d 609 (N.D. Miss. 1998).
· cites it 2× “”); see Miss.Code Ann. § 89-1-7. Therefore, that is the title which was conveyed to Joe and Roberta Lampley on December 9, 1955, by virtue of the after-acquired title doctrine.”
Matter of Est. of Childress, 588 So. 2d 192 (Miss. 1991).
“But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.”
Cooper v. Crabb, 587 So. 2d 236 (Miss. 1991).
“Miss.Code Ann. § 89-1-7 (1972). They “may operate as a present and completed gift in joint ownership,” Estate of Strange, 548 So.”
Newton v. Long, 588 So. 2d 192 (Miss. 1991).
“But an estate in joint tenancy or entirety with right of surviv-orship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.”
William Skelton (Bankr. N.D. Miss. 2020).
“2014)(citing Miss. Code Ann. § 89-1-7 ). As Judge Samson held in In re Dixon: Mississippi law clearly states that in an estate by entirety, each spouse simultaneously is seised of the whole estate, that is title, interest and possession, and the Mississippi Supreme Court has…”
A/C Supply, Inc. v. Botsay (Bankr. S.D. Miss. 2022).
“See Miss. Code Ann. § 89-1-7 (estate in entirety may be created by conveyance from owners to themselves).”
Polaris Fin. Mgmt. Ltd. v. Cox (N.D. Miss. 2024).
“Miss. Code Ann. § 89-1-7 . Seemingly from the statutory text, a conveyance purporting to create a joint tenancy can create either a joint tenancy or tenancy by the entirety.”
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