Tenancies in Kentucky

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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). 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).

Creation Language

Joint Tenants with Right of Survivorship

Creation

Tenancy in Common