Difference between revisions of "Tenancies in Kentucky"
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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). | 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). | ||
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| + | ===Creation Language=== | ||
=Joint Tenants with Right of Survivorship= | =Joint Tenants with Right of Survivorship= | ||
==Creation== | ==Creation== | ||
=Tenancy in Common= | =Tenancy in Common= | ||
Revision as of 19:00, 15 July 2018
Contents
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).
