Creating Joint Tenancy With Survivorship; Severance; Effect of Code Section on Other Laws

  1. Law
  2. Georgia Code
  3. Property
  4. Estates
  5. Joint Tenancy With Survivorship
  6. Creating Joint Tenancy With Survivorship; Severance; Effect of Code Section on Other Laws

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    1. Deeds and other instruments of title, including any instrument in which one person conveys to himself or herself and one or more other persons, any instrument in which two or more persons convey to themselves or to themselves and another or others, and wills, taking effect after January 1, 1977, may create a joint interest with survivorship in two or more persons.
    2. Any instrument of title in favor of two or more persons shall be construed to create interests in common without survivorship between or among the owners unless the instrument expressly refers to the takers as "joint tenants," "joint tenants and not as tenants in common," or "joint tenants with survivorship" or as taking "jointly with survivorship."
    3. Any instrument of title using one of the forms of expression referred to in paragraph (2) of this subsection or language essentially the same as one of these forms of expression shall create a joint tenancy estate or interest that may be severed as to the interest of any owner by the recording of an instrument which results in his or her lifetime transfer of all or a part of his or her interest; provided, however, that, if all persons owning joint tenant interests in a property join in the same recorded lifetime transfer, no severance shall occur.
    4. Unless the joint tenancy with the right of survivorship is otherwise disposed of in a final order of divorce or annulment, if either party to an instrument of title creating a joint tenancy with the right of survivorship files an affidavit in the real property records maintained by the clerk of superior court of the county in which the real property is located averring that the parties have been lawfully divorced or their marriage has been annulled that the party intends to terminate the joint tenancy, identifies the book and page of recordation of the deed creating the joint tenancy and attaches a copy of the final order of divorce or annulment and a legal description of the property, the party's interests shall be converted into tenants in common.
  2. Neither this Code section nor Code Section 44-6-120 shall:
    1. Be construed to repeal, modify, or limit in any way:
      1. Code Section 14-5-8; or
      2. Article 8 of Chapter 1 of Title 7 or any other law relative to multiple-party accounts in financial institutions; or
    2. Apply to any document, transaction, or right to which Code Section 14-5-8 applies or to multiple-party deposit accounts in any financial institution.

(Laws 1828, Cobb's 1851 Digest, p. 545; Ga. L. 1853-54, p. 70, § 1; Code 1863, § 2281; Code 1868, § 2274; Code 1873, § 2300; Code 1882, § 2300; Civil Code 1895, § 3142; Civil Code 1910, § 3722; Code 1933, § 85-1002; Ga. L. 1976, p. 1388, § 10; Ga. L. 1976, p. 1438, § 2; Ga. L. 1980, p. 753, § 2; Ga. L. 1984, p. 1335, § 2; Ga. L. 1985, p. 149, § 44; Ga. L. 2015, p. 827, § 1/HB 99.)

The 2015 amendment, effective July 1, 2015, rewrote this Code section.

Cross references.

- Presumption of existence of joint tenancy with right of survivorship when share certificates or other securities are issued or transferred to two or more persons in joint tenancy on books or records of corporation, § 14-5-8.

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Cotenancy and Joint Ownership, § 1 et seq.

C.J.S.

- 26A C.J.S., Deeds, §§ 262, 267, 277. 41 C.J.S., Husband and Wife, §§ 39, 40. 86 C.J.S., Tenancy in Common, § 6 et seq.

ALR.

- Effect on joint estate, community estate, or estate by entireties, of death of both tenants in same disaster, 18 A.L.R. 105.

Character of interests of husband and wife in purchase-money mortgage on sale of estate by entireties, 30 A.L.R. 905.

Divorce as affecting estate by entireties, 52 A.L.R. 890; 59 A.L.R. 718.

Right of survivorship in respect of bank deposit as affected by statutes abolishing joint tenancy and survivorship, 85 A.L.R. 282.

Rights and remedies of judgment creditor or of purchaser under execution, in respect of estate in real property held in joint tenancy, 111 A.L.R. 171.

Lease to two or more as creating a tenancy in common or a joint tenancy, 113 A.L.R. 573.

Right of creditors of one spouse, either before or after death of other spouse, to attack conveyance or encumbrance of estate by entireties by both spouses as in fraud of creditors, 121 A.L.R. 1028.

Statutory lien on interest of joint tenant as severing joint tenancy, 134 A.L.R. 957.

Statute relating to joint tenancy in personal property as applicable to choses in action, 144 A.L.R. 1465.

Mental incompetency of one spouse as affecting transfer or encumbrance of community property, homestead property, or estate by the entireties, 155 A.L.R. 306.

Right of survivor of parties to bank account in their joint names as affected by provision excluding his right of withdrawal during the lifetime of the other party, 155 A.L.R. 1084.

Use of word "joint" or "jointly" in provision of deed other than the granting or habendum clause as indicating intent to create a joint tenancy rather than one in common between the grantees, 157 A.L.R. 566.

Interest of spouse in estate by entireties as subject to satisfaction of his or her individual debt, 166 A.L.R. 969; 75 A.L.R.2d 1172.

Gift over to surviving members of a group of share of deceased member as creating absolute interest in last survivor, 166 A.L.R. 1277.

Creation of right of survivorship by instrument ineffective to create estate by entireties or joint tenancy, 1 A.L.R.2d 247.

Survivor's rights to contents of safe-deposit box leased or used jointly with another, 14 A.L.R.2d 948.

Transmutation of community funds or property into property held by spouses in joint tenancy, 30 A.L.R.2d 1241.

Character of tenancy created by owner's conveyance to himself and another, or to another alone, of an undivided interest, 44 A.L.R.2d 595.

What constitutes a devise or bequest in joint tenancy notwithstanding statute raising a presumption against joint tenancy, 46 A.L.R.2d 523.

Estates by entirety in personal property, 64 A.L.R.2d 8; 22 A.L.R.4th 459.

What acts by one or more of joint tenants will sever or terminate the tenancy, 64 A.L.R.2d 918; 39 A.L.R.4th 1068.

Construction of devise to persons as joint tenants and expressly to the survivor of them, or to them "with the right of survivorship,", 69 A.L.R.2d 1058.

Estate by entireties as affected by statute declaring nature of tenancy under grant or devise to two or more persons, 32 A.L.R.3d 570.

Proceeds or derivatives of real property held by entirety as themselves held by entirety, 22 A.L.R.4th 459.

Contract of sale or granting of option to purchase, to third party, by both or all of joint tenants or tenants by entirety as severing or terminating tenancy, 39 A.L.R.4th 1068.

Judgment lien or levy of execution on one joint tenant's share or interest as severing joint tenancy, 51 A.L.R.4th 906.

ARTICLE 9 UNIFORM STATUTORY RULE AGAINST PERPETUITIES

Law reviews.

- For article, "Georgia's Proposed Dynasty Trust: Giving the Dead Too Much Control," see 35 Ga. L. Rev. 1 (2000).


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