5. Cited In Holding Section K.S.A.

Tenancy in common unless joint tenancy meant, when; exception; joint tenancy arrangements. Real or personal residential or commercial property given or created to 2 or more persons including a grant or create to a husband and other half will create in them a tenancy in typical with respect to such residential or commercial property unless the language utilized in such grant or develop makes it clear that a joint tenancy was meant to be produced: Except, That a grant or design to executors or trustees, as such, will produce in them a joint tenancy unless the grant or create specifically states otherwise. Where joint tenancy is intended as above provided it might be developed by:


(a) Transfer to individuals as joint renters from an owner or a joint owner to himself or herself and several individuals as joint renters;


(b) from occupants in common to themselves as joint renters; or


(c) by coparceners in voluntary partition to themselves as joint renter.


Where a deed, transfer or conveyance grants an estate in joint tenancy in the approving clause thereof and such deed, transfer, or conveyance has a hebendum stipulation inconsistent therewith, the giving clause shall manage. When a joint renter dies, a qualified copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death released by the appropriate federal, state or local main authorized to release such certificate, or an affidavit of death from some accountable individual who knows the truths, shall make up prima facie evidence of such death and in cases where real residential or commercial property is included such certificate or affidavit shall be taped in the workplace of the register of deeds in the county where the land is situated. The arrangements of this act shall apply to all estates in joint occupancy in either genuine or individual residential or commercial property heretofore or hereafter produced and absolutely nothing herein included will prevent execution, levy and sale of the interest of a judgment debtor in such estates and such sale will make up a severance.


History: L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.
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Law Review and Bar Journal References:


Creation without third celebration prior to 1955 change talked about, Joseph W. Morris, 15 J.B.A.K. 241, 243 (1947 ).


Procedure for termination talked about, J. G. Somers, 1952 J.C.B. 78.


Disadvantages of jointly owned residential or commercial property, James D. Dye, 21 J.B.A.K. 351 (1953 ).


Foolproof survivorship deed? William R. Scott, 22 J.B.A.K. 128, 130 (1953 ).


Case of Malone v. Sullivan, 136 K. 193, 14 P. 2d 647, mentioned in note on survivorship interests in a joint safe deposit, 3 K.L.R. 368, 370 (1955 ).


1955-56 survey of real residential or commercial property and future interests, Ferd E. Evans, Jr., 5 K.L.R. 300, 311, 312 (1956 ).


1956-57 study of real residential or commercial property and future interests, Ferd E. Evans, Jr., 6 K.L.R. 225, 227, 228 (1957 ).


Amendment of 1955 estimated and discussed, James D. Dye, 25 J.B.A.K. 334, 335 (1957 ).


Realty title standards dealing with joint tenancies, William R. Scott, 7 K.L.R. 180 (1958 ).


Quoted in discuss language, 1 W.L.J. 498 (1961 ).


Joint occupancies in bank accounts, 11 K.L.R. 277, 278, 279 (1962 ).


"Attachment or Garnishment of Jointly Held Bank Accounts," Clarence Koch, 7 W.L.J. 51, 57 (1967 ).


"Joint Tenancy; Effects Explored," Marvin E. Thompson, 37 J.B.A.K. 83, 84, 85 (1968 ).


"Discuss Felonious Killing as a Bar to Intestate Succession," Gary D. Taylor, 8 W.L.J. 128, 132 (1968 ).


Survey of Kansas law on real and personal residential or commercial property (1965-1969), 18 K.L.R. 427, 439 (1970 ).


"Does Kansas Need the Uniform Probate Code?" Verne M. Laing, 42 J.B.A.K. 139, 185 (1973 ).


"Kansas' Marketable Record Title Act," Christel E. Marquardt, 13 W.L.J. 33, 45 (1974 ).


Survey of residential or commercial property law, Mark Corder and William J. Paprota, 15 W.L.J. 387, 389 (1976 ).


"Survey of Kansas Law: Real and Personal Residential Or Commercial Property," Deanell R. Tacha, 27 K.L.R. 283, 298 (1979 ).


"Disclaimer Statutes: New Federal and State Tools for Postmortem Estate Planning," Carolyn A. Adams, 20 W.L.J. 42, 60 (1980 ).


"Garnishment in Kansas: A Procedural Paradox," Leon B. Graves, 49 J.B.A.K. 129, 133.


"Will Substitutes in Kansas," Jana J. Deines and Michael E. McMahon, 23 W.L.J. 132, 140, 141 (1983 ).


"Contracts to Will: An Estate Planning Alternative for the Kansas Practitioner," Kevin J. Arnel, Steven J. Wood, 26 W.L.J. 444, 459 (1987 ).


"Don't Intend On Aging: The Kansas Supreme Court Reaffirms Its Hostility Toward Medicaid Planning [Brewer v. Schalansky, 102 P. 3d 1145 (Kan. 2004)]," Bryn A. Poland, 45 W.L.J. 491 (2006 ).


Chief law officer's Opinions:


Recordation of death certificates with county register of deeds; open public records. 91-87.


CASE ANNOTATIONS


1. History, purpose and result of section discussed; conveyance construed. Bouska v. Bouska, 159 Kan. 276, 279, 280, 153 P. 2d 923.


2. Survivorship might be developed by agreement making objective clear; proof inadequate. Spark v. Brown, 167 Kan. 159, 164, 205 P. 2d 938.


3. Joint tenancy might be created in personalty; cost savings account held joint tenancy. In re Estate of Fast, 169 Kan. 238, 242, 218 P. 2d 184.


4. Phrase "or the survivor or survivors of them" did not create joint occupancy. In re Estate of Swingle, 178 Kan. 529, 531, 289 P. 2d 778.


5. Cited in holding section K.S.A. 59-513 inapplicable to surviving joint tenant. In re Estate of Foster, 182 Kan. 315, 320, 320 P. 2d 855.


6. Realty joint tenancy; sale; earnings still in joint tenancy; intent; survivorship. In re Estate of Hewitt, 183 Kan. 352, 354, 355, 327 P. 2d 872.


7. Construed; language in deed did not clearly show joint tenancy was planned. Riggs v. Snell, 186 Kan. 355, 358, 359, 360, 350 P. 2d 54. Clarified in denying rehearing, 186 Kan. 725, 726, 352 P. 2d 1056.


8. Checking account; evidence inadequate to show joint tenancy produced; intent. Miller v. Higgins, 188 Kan. 736, 738, 740, 741, 366 P. 2d 257.


9. Deed construed; beneficiaries held renters in typical; rights identified. Holt v. King, 250 F. 2d 671, 674.


10. History of joint occupancy in Kansas reviewed; joint occupancy is legal relationship; federal tax lien versus one joint owner enforceable versus his interest in the residential or commercial property. Edwards v. United States, 215 F. Supp. 382, 383, 384, 386.


11. Trustees hold as joint renters, not as tenants in typical. Rothenberg v. United States, 233 F. Supp. 864, 867.


12. Joint occupancy in checking account developed under truths. Simonich, Executrix v. Wilt, 197 Kan. 417, 420, 417 P. 2d 139.


13. Ownership of joint residential or commercial property by survivor is based upon acquisition contract and not inheritance. In re Estate of Pyke, 199 Kan. 1, 2, 9, 12, 427 P. 2d 67.


14. Signature card constituted a contract producing joint occupancy checking account. In re Estate of Smith, 199 Kan. 89, 93, 427 P. 2d 443.


15. Introductory clause of a deed referring to grantees as joint occupants joint tenancy. Spresser v. Langmade, 199 Kan. 96, 98, 427 P. 2d 478.


16. Grant of individual residential or commercial property to 2 or more persons creates tenancy in typical unless language of grant is clear that joint tenancy meant. Pace v. First National Bank of Osawatomie, 271 F. Supp. 230.


17. Oral arrangement between bank and depositors; joint occupancy established. Edwards v. Ledford, 201 Kan. 518, 522, 523, 525, 526, 441 P. 2d 834.


18. Section does not preclude oral evidence of joint occupancy contract; agreement term requirements. In re Estate of Carlson, 201 Kan. 635, 644, 443 P. 2d 339.


19. Joint occupancy not created where blank on bank account signature card suggesting type of account not filled out. Pace v. First National Bank of Osawatomie, Kansas, 404 F. 2d 52, 53, 54.


20. Joint tenancy in savings account not produced where intent of the depositor is uncertain; parol evidence admissible to clarify intent of depositor where claim made that a joint occupancy bank account was established. In re Estate of Johnson, 202 Kan. 684, 696, 697, 452 P. 2d 286.


21. Mentioned in considering automobile ownership. Mercantile Bank & Trust Co. v. Western Casualty & Sur. Co., 415 F. 2d 606, 611.


22. Will interpreted; language in will currently revealed intention to create joint tenancy. In re Estate of Truex, 205 Kan. 169, 173, 468 P. 2d 237.


23. Curative statute (K.S.A. 58-2270) retroactively impacting vested rights held unconstitutional. Davis, Administrator v. Union Pacific Railway Co., 206 Kan. 40, 43, 46, 476 P. 2d 635.


24. Oral proof of oral joint tenancy contract permissible; insufficiency of proof; no claim established. In re Estate of Matthews, 208 Kan. 492, 493, 500, 507, 493 P. 2d 555.


25. Discussed; guidelines governing the development and facility of joint tenancies gone over. Winsor v. Powell, 209 Kan. 292, 299, 497 P. 2d 292.


26. Applied; action to foreclose mechanics lien; rigorous compliance with notice arrangements of K.S.A. 60-1103 needed. Schwaller Lumber Co., Inc. v. Watson, 211 Kan. 141, 147, 505 P. 2d 147.


27. Cited in action identifying title to earnings from sale of wheat by insolvent tenant. Mater v. Boese, 213 Kan. 711, 718, 518 P. 2d 482.


28. Surviving tenants took whole of account; trust impressed on interest of one survivor. Johnson v. Capitol Federal Savings and Loan Association, 215 Kan. 286, 290, 291, 524 P. 2d 1127.


29. Joint tenancy contractual plan governed by agreement law; spouse's right to deal with individual residential or commercial property throughout lifetime. Eastman, Administrator v. Mendrick, 218 Kan. 78, 85, 542 P. 2d 347.


30. Magic words absent from certificate of deposit; general rules specified; intent to produce joint occupancy developed by parol evidence. In re Estate of Wood, 218 Kan. 630, 632, 635, 545 P. 2d 307.


31. Section kept in mind; Kansas no longer acknowledges occupancy by entirety. Walnut Valley State Bank v. Stovall, 1 Kan. App. 2d 421, 426, 566 P. 2d 33
. 32. Applied; quiet title action; unfavorable possession requirements not fulfilled. Renensland v. Ellenberger, 1 Kan. App. 2d 659, 665, 574 P. 2d
217. 33. Joint renter founded guilty of feloniously killing hubby became renter in common with heirs of other half. In re Estate of Shields, 1 Kan. App. 2d 688, 693, 574 P. 2d
229. 34. Garnishment of joint occupancy checking account severed joint tenancy; rebuttable anticipation of equal ownership; burden of proof. Walnut Valley State Bank v. Stovall, 223 Kan. 459, 460, 461, 574 P. 2d 1382.


35. Admissibility of parol and extrinsic proof to show joint occupancy ownership of intangible personal residential or commercial property; when. In re Estate of Girndt, 225 Kan. 352, 354, 590 P. 2d 1038.


36. Device of genuine residential or commercial property to two or more persons "share and share alike, or to the survivor of them" develops tenancy in typical. McVey v. Pfingston, 3 Kan. App. 2d 276, 278, 593 P. 2d 1014. 37. Mentioned in determination of whether interests of 2 different trusts produced by a will were held as tenancy in typical or in joint occupancy. In re Estate of Berryman, 226 Kan. 116, 123, 595 P. 2d 1120.


38. Statute requires clear evidence that owner planned to create ownership in joint tenancy. In re Estate of Carter, 6 Kan. App. 2d 934, 937, 938, 636 P. 2d 227 (1981 ).


39. Estates in totality eliminated in Kansas in 1891. Hall v. Hamilton, 233 Kan. 880, 884, 667 P. 2d 350 (1983 ).


40. Cited on question of type of residential or commercial property interest conveyed by one looking for medical support from S.R.S. Neaderhiser v. State Dept. of Social & Rehab. Serv., 9 Kan. App. 2d 115, 117, 673 P. 2d 462 (1984 ).


41. Cited; principles used in identifying existence of joint tenancy account examined; 4 unities under typical law kept in mind. Robertson v. Ludwig, 12 Kan. App. 2d 571, 576, 752 P. 2d 690 (1988 ).


42. Presumption of equivalent ownership among parties produced by joint tenancy is rebuttable; celebration assaulting has concern. In Re Crouch C Stores, Inc., 120 B.R. 178, 180 (1990 ).


43. Income tax refund might not be given or designed; debtor's estate should distribute to financial institutions. In Re Ballou, 12 B.R. 611, 612 (1981 ).


44. Noted where joint tenancy funds lent to son by moms and dads were triggered against distributive share from estate. In re Estate of Button, 17 Kan. App. 2d 11, 16, 830 P. 2d 1216(1992


). 45. Rebuttable anticipation of equivalent ownership occurs where tenancy in common exists. In re Griffin, 141 B.R. 207, 208, 211 (1992 ).


46. Prenuptial agreement directing disposition of specific real estate governs in spite of parties later deeding residential or commercial property to themselves as joint renters. King v. Estate of King, 25 Kan. App. 2d 335, 337, 962 P. 2d 1118 (1998 ).


47. Joint occupancy produced although interest in residential or commercial property was 99% for grantor mother and 1% for grantee son. In re Estate of Lasater, 30 Kan. App. 2d 1021, 54 P. 3d 511 (2002 ).


48. Mentioned in figuring out whether a joint occupancy account is created. Wilson v. Wilson, 37 Kan.

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