A joint interest is one owned by several persons in either real or personal property in equal shares, being a joint title created by a single instrument, will or transfer when expressly declared in the instrument, will or transfer to be a joint tenancy, or as between husband and wife a tenancy by entirety or joint tenancy as the grantor may elect, or when granting or devising to executors or trustees as joint tenants. A tenancy by entirety can only be created between husband and wife. Such joint tenancy or tenancy by entirety may be created by transfer to persons as joint tenants or tenants by entirety from an owner or a joint owner to himself and one or more persons, or from tenants in common to themselves, or by coparceners in voluntary partition, and such estates may be created by or for persons who have elected to become bound under any community property act now in existence or which may hereafter be enacted. An adjudication of incompetency shall not operate to terminate such an estate. Where a deed, transfer or conveyance grants an estate in joint tenancy or tenancy by entirety in the granting clause thereof, the granting clause shall control over the habendum clause containing language inconsistent to the granting clause. In the event of the death of a joint tenant or tenant by entirety, leaving estate subject to probate, a certified copy of letters testamentary or of administration shall constitute prima facie evidence of such death. The provisions of this act shall apply to all estates in joint tenancy or tenancy by entirety in either real or personal property heretofore or hereafter created.
Nothing herein contained shall prevent execution, levy and sale of the interest of the judgment debtor in such estates and such sale shall constitute a severance. Added by Laws 1945, p. 213, § 1, emerg. eff. May 7, 1945.
Notes of Decisions
Toma v. Toma, 2007 OK 52 (Okla. 2007).
· cites it 2× “¶ 9 Claire contends COCA correctly found Charles' joint tenancy interest in the homestead property was extinguished at the time of his death because Timothy made no attempt to execute on the judgment and thus sever the joint tenancy. ¶ 10 Timothy takes issue with COCA's…”
Baker v. Baker, 710 P.2d 129 (Okla. Civ. App. 1985).
· cites it 2× “Although joint interest is defined in 60 O.S.1981 § 74, as an interest owned in “equal shares,” this traditional property definition is derived from the common law and does not always easily fit modern banking.”
Shackelton v. Sherrard, 385 P.2d 898 (Okla. 1963).
· cites it 2× “” In support of this position, plaintiff urges, as we understand it, that contrary to the general rule, the statutory law of Oklahoma, Title 60 O.S.1961 § 74, prohibits the severance by one joint tenant of his interest in derogation of the other joint tenant’s right of…”
In Re Est. of Metz, 2011 OK 26 (Okla. 2011).
“The provisions of this act shall apply to all estates in joint tenancy or tenancy by entirety in either real or personal property heretofore or hereafter created.”
Matter of Est. of Ingram, 874 P.2d 1282 (Okla. 1994).
“The language on the face of the certificates specifically stated that the certificates were payable to “said depositor(s), or if more than one depositor as joint tenants with the right of survivorship.” Both Ingram’s and Gazalski’s names appeared on the face of all three…”
Raney v. Diehl, 482 P.2d 585 (Okla. 1971).
· cites it 2× “The court concluded as a matter of law the statute, 60 O.S.1961, § 74, controlled, and the certificate drawn payable to deceased or defendant Raney did not create a joint tenancy with right of survivorship.”
Gilles v. Norman Plumbing Supply Co. of Oklahoma City, 549 P.2d 1351 (Okla. Civ. App. 1976).
· cites it 2× “In his second proposition appellant urges that under 60 O.S.1971 § 74 1 a husband *1353 and wife can hold personalty in joint tenancy which is subject to levy, execution and sale.”
Alexander v. Alexander, 538 P.2d 200 (Okla. 1975).
· cites it 2× “” 60 O.S.1971, § 74. Raney v. Diehl, Okl., 482 P.”
Peyton v. McCaslin, 417 P.2d 316 (Okla. 1966).
“nts assert, basically, that the cumulative effect of the evidence was to establish a constructive trust, with only a legal interest in defendant McCaslin, and that the equitable interest in the money left by the deceased belonged to them; that the weight of the evidence…”
Matter of Est. of Steen, 909 P.2d 63 (Okla. Civ. App. 1992).
· cites it 2× “It is unclear from the appellate record the names entitled on the checking account at Local America Bank of Tulsa, but we presume the evidence showed joint title created by a single instrument in compliance with Oklahoma’s joint tenancy statute in 60 O.”
Hill v. Hill, 672 P.2d 1149 (Okla. 1983).
· cites it 2× “) In 1945 our legislature made specific provision for estates in joint tenancy with right of survivorship (other than between married persons) by enactment of our statute, (now 60 O.S.1981 § 74). * * * * * * “The statute did not employ the term ‘survivorship.”
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