Tenancies in Kentucky

Overview

Kentucky recognizes all three common law tenancies. Tenancy by the Entirety and Joint Tenancy with Right of Survivorship are not presumed unless there is express language indicating the intent to create such a tenancy.

Tenancy by the Entirety

A conveyance by deed to a married couple can be held as tenants by the entirety but only if such intention is expressly stated in the deed. KRS § 381.050. Taking title solely as "husband and wife" without reference to any survivorship rights creates a tenancy in common as between married people. See Slone v. Casey, 194 S.W.3d 336, 337 (Ky. Ct. App. 2006).

Creation Language

There does not appear to be any available operative language other than "as tenants by the entirety". For a general review of the law in Kentucky see Newton v. Newton, 365 S.W.3d 565, 569 (Ky. Ct. App. 2011) citing Hoffmann v. Newell, 249 Ky. 270, 60 S.W.2d 607 (1932).

Joint Tenants with Right of Survivorship

Creation

A conveyance by deed to any two (2) or more persons, including married couples, can be held as joint tenants with right of survivorship but only such intention must be expressly stated in the deed. See Williams v. Perry, 454 S.W.2d 360, 361 (Ky. 1970), KRS § 381.050. The operative language appears to be anything suggesting the creation of a joint tenancy or right of survivorship.

Tenancy in Common

A conveyance by deed to two (2) or more parties, including married couples, is presumed to be held a tenants in common so long as nothing to the contrary is expressed. KRS § 381.050.

Cross-References

• Kentucky
• Tenancies