Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 426 (2015GS)

Sponsor

Rep. McKell, M.

Final action

House/ filed 3/12/2015

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• addresses when a joint tenancy is presumed;
• clarifies that a joint tenancy may not be established between a person and limited liability company; and
• makes technical amendments.

Every vote on this bill

Bill text

JOINT TENANCY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Mike K. McKell
Senate Sponsor: 
 J. Stuart Adams
LONG TITLE
General Description:
This bill modifies real estate provisions to address joint tenancies.
Highlighted Provisions:
This bill:
▸ addresses when a joint tenancy is presumed;
▸ clarifies that a joint tenancy may not be established between a person and limited
liability company; and
▸ makes technical amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-1-5
, as last amended by Laws of Utah 2011, Chapter 88
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
57-1-5
 is amended to read:
57-1-5.
Creation of joint tenancy presumed -- Tenancy in common -- Severance of
joint tenancy -- Tenants by the entirety -- Tenants holding as community property.
(1) (a) (i) [
Beginning on May 5, 1997, every
] 
Every
 ownership interest in real estate
granted to two persons in their own right who are designated as husband and wife
, wife and
husband, married, or a married couple
 in the granting documents is presumed to be a joint
tenancy interest with rights of survivorship, unless severed, converted, or expressly declared in
the grant to be otherwise.
(ii) Except as provided in Subsection (1)(a)(iii), joint tenancy may be established
between two or more people.
(iii) Joint tenancy may not be established between a person and an entity or
organization, including:
(A) a corporation;
(B) a trustee of a trust; [
or
]
(C) a partnership[
.
]
; or
(D) a limited liability company.
(iv) Joint tenancy may not be established between an entity or organization and another
entity or organization.
(b) Every ownership interest in real estate that does not qualify for the joint tenancy
presumption as provided in Subsection (1)(a) is presumed to be a tenancy in common interest
unless expressly declared in the grant to be otherwise.
(2) (a) Use of words "joint tenancy" or "with rights of survivorship" or "and to the
survivor of them" or words of similar import means a joint tenancy.
(b) (i) Use of words "tenancy in common" or "with no rights of survivorship" or
"undivided interest" or words of similar import declare a tenancy in common.
(ii) Use of words "and/or" in the context of an ownership interest declare a tenancy in
common unless accompanied by joint tenancy language described in Subsection (2)(a), which
creates a joint tenancy.
(3) A person who owns real property creates a joint tenancy in himself or herself and
another or others:
(a) by making a transfer to himself or herself and another or others as joint tenants by
use of the words as provided in Subsection (2)(a); or
(b) by conveying to another person or persons an interest in land in which an interest is
retained by the grantor and by declaring the creation of a joint tenancy by use of the words as
provided in Subsection (2)(a).
(4) In all cases, the interest of joint tenants shall be equal and undivided.
(5) (a) Except as provided in Subsection (5)(b), if a joint tenant makes a bona fide
conveyance of the joint tenant's interest in property held in joint tenancy to himself or herself or
another, the joint tenancy is severed and converted into a tenancy in common.
(b) If there is more than one joint tenant remaining after a joint tenant severs a joint
tenancy under Subsection (5)(a), the remaining joint tenants continue to hold their interest in
joint tenancy.
(6) The amendments to this section in Laws of Utah 1997, Chapter 124, have no
retrospective operation and shall govern instruments executed and recorded on or after May 5,
1997.
(7) Tenants by the entirety are considered to be joint tenants.
(8) Tenants holding title as community property are considered to be joint tenants.
Legislative Review Note
 as of 2-26-15 10:39 AM
Office of Legislative Research and General Counsel