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

Tenancy in typical unless joint tenancy meant, when; exception; joint occupancy arrangements. Real or individual residential or commercial property granted or designed to 2 or more persons including a grant or devise to a partner and partner shall produce in them a tenancy in common with regard to such residential or commercial property unless the language used in such grant or design makes it clear that a joint tenancy was meant to be produced: Except, That a grant or develop to administrators or trustees, as such, will produce in them a joint occupancy unless the grant or develop expressly declares otherwise. Where joint occupancy is meant as above supplied it may be produced by:

(a) Transfer to persons as joint renters from an owner or a joint owner to himself or herself and one or more persons as joint tenants;

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

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

Where a deed, transfer or conveyance grants an estate in joint occupancy in the approving stipulation thereof and such deed, transfer, or conveyance has a hebendum provision irregular therewith, the approving clause shall control. 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 proper federal, state or local official licensed to issue such certificate, or an affidavit of death from some accountable person who knows the truths, will make up prima facie proof of such death and in cases where real residential or commercial property is included such certificate or affidavit will be recorded in the workplace of the register of deeds in the county where the land is situated. The arrangements of this act will apply to all estates in joint occupancy in either genuine or individual residential or commercial property heretofore or hereafter created and nothing herein contained shall prevent execution, levy and sale of the interest of a judgment debtor in such estates and such sale shall constitute a severance.

History: L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.

Law Review and Bar Journal References:

Creation without 3rd party prior to 1955 amendment gone over, 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 collectively 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, discussed 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 survey of genuine residential or commercial property and future interests, Ferd E. Evans, Jr., 6 K.L.R. 225, 227, 228 (1957 ).

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

Property title standards handling joint occupancies, William R. Scott, 7 K.L.R. 180 (1958 ).

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

Joint occupancies in checking account, 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 genuine and individual 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 impact of area discussed; conveyance interpreted. Bouska v. Bouska, 159 Kan. 276, 279, 280, 153 P. 2d 923.

2. Survivorship might be created by contract making objective clear; evidence inadequate. Spark v. Brown, 167 Kan. 159, 164, 205 P. 2d 938.

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

4. Phrase „or the survivor or survivors of them“ did not produce joint tenancy. 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 occupant. In re Estate of Foster, 182 Kan. 315, 320, 320 P. 2d 855.

6. Real estate joint occupancy; 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 plainly indicate joint occupancy was intended. 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; proof inadequate to reveal joint tenancy created; intent. Miller v. Higgins, 188 Kan. 736, 738, 740, 741, 366 P. 2d 257.

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

10. History of joint occupancy in Kansas evaluated; joint occupancy is legal relationship; federal tax lien against 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 renters in common. Rothenberg v. United States, 233 F. Supp. 864, 867.

12. Joint occupancy in savings account produced under realities. 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 agreement and not inheritance. In re Estate of Pyke, 199 Kan. 1, 2, 9, 12, 427 P. 2d 67.

14. Signature card made up a contract creating joint occupancy savings account. In re Estate of Smith, 199 Kan. 89, 93, 427 P. 2d 443.

15. Introductory stipulation of a deed referring to beneficiaries as joint occupants developed joint occupancy. Spresser v. Langmade, 199 Kan. 96, 98, 427 P. 2d 478.

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

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

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

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

20. Joint tenancy in checking account not created where intent of the depositor is unclear; parol proof permissible to clarify objective of depositor where claim made that a joint occupancy checking account was established. In re Estate of Johnson, 202 Kan. 684, 696, 697, 452 P. 2d 286.

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

22. Will interpreted; language in will already revealed intention to develop 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 evidence of oral joint tenancy contract permissible; deficiency of proof; no claim developed. In re Estate of Matthews, 208 Kan. 492, 493, 500, 507, 493 P. 2d 555.

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

26. Applied; action to foreclose mechanics lien; stringent compliance with notification provisions 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 determining title to profits from sale of wheat by insolvent tenant. Mater v. Boese, 213 Kan. 711, 718, 518 P. 2d 482.

28. Surviving renters took whole of account; trust amazed 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 contract law; partner’s right to get rid of 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 mentioned; intent to produce joint occupancy established 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 recognizes tenancy by totality. Walnut Valley State Bank v. Stovall, 1 Kan. App. 2d 421, 426, 566 P. 2d 33

. 32. Applied; peaceful title action; adverse belongings requirements not satisfied. Renensland v. Ellenberger, 1 Kan. App. 2d 659, 665, 574 P. 2d

217. 33. Joint tenant founded guilty of feloniously eliminating partner ended up being tenant in common with heirs of husband. In re Estate of Shields, 1 Kan. App. 2d 688, 693, 574 P. 2d

229. 34. Garnishment of joint tenancy bank account severed joint occupancy; rebuttable presumption of equal ownership; concern of evidence. 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“ creates tenancy in typical. McVey v. Pfingston, 3 Kan. App. 2d 276, 278, 593 P. 2d 1014. 37. Mentioned in decision of whether interests of 2 separate trusts developed by a will were held as occupancy in typical or in joint tenancy. In re Estate of Berryman, 226 Kan. 116, 123, 595 P. 2d 1120.

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

39. Estates in entirety abolished 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 communicated by one seeking medical help 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; concepts utilized in identifying presence of joint occupancy account taken a look at; four unities under common law noted. Robertson v. Ludwig, 12 Kan. App. 2d 571, 576, 752 P. 2d 690 (1988 ).

42. Presumption of equal ownership among parties developed by joint occupancy is rebuttable; party attacking has problem. In Re Crouch C Stores, Inc., 120 B.R. 178, 180 (1990 ).

43. Income tax refund might not be approved or developed; debtor’s estate should disperse to creditors. In Re Ballou, 12 B.R. 611, 612 (1981 ).

44. Noted where joint occupancy funds lent to child by parents were triggered versus distributive share from estate. In re Estate of Button, 17 Kan. App. 2d 11, 16, 830 P. 2d 1216(1992

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

46. Prenuptial arrangement directing disposition of particular property governs in spite of celebrations later deeding residential or commercial property to themselves as joint occupants. King v. Estate of King, 25 Kan. App. 2d 335, 337, 962 P. 2d 1118 (1998 ).

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

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

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