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

Tenancy in typical unless joint occupancy meant, when; exception; joint tenancy arrangements. Real or personal residential or commercial property approved or devised to two or more persons including a grant or design to a partner and other half shall produce in them an occupancy in typical with regard to such residential or commercial property unless the language utilized in such grant or develop makes it clear that a joint occupancy was meant to be created: Except, That a grant or devise to administrators or trustees, as such, shall develop in them a joint occupancy unless the grant or design expressly states otherwise. Where joint occupancy is planned as above supplied it might be created by:

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

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

Where a deed, transfer or conveyance grants an estate in joint occupancy in the approving provision thereof and such deed, transfer, or conveyance has a hebendum clause irregular therewith, the approving provision will manage. When a joint tenant dies, a licensed copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death issued by the appropriate federal, state or local main authorized to issue such certificate, or an affidavit of death from some accountable individual who understands the facts, shall constitute prima facie evidence of such death and in cases where real residential or commercial property is included such certificate or affidavit shall be tape-recorded in the office of the register of deeds in the county where the land is situated. The arrangements of this act shall use to all estates in joint occupancy in either genuine or individual residential or commercial property heretofore or hereafter produced and absolutely nothing herein consisted of will avoid 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 talked about, Joseph W. Morris, 15 J.B.A.K. 241, 243 (1947 ).

Procedure for termination gone over, 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, 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 real residential or commercial property and future interests, Ferd E. Evans, Jr., 6 K.L.R. 225, 227, 228 (1957 ).

Amendment of 1955 quoted and gone over, James D. Dye, 25 J.B.A.K. 334, 335 (1957 ).

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

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

Joint tenancies 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 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 Plan 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 effect of section talked about; conveyance construed. Bouska v. Bouska, 159 Kan. 276, 279, 280, 153 P. 2d 923.

2. Survivorship may be produced by agreement making intention clear; evidence insufficient. Spark v. Brown, 167 Kan. 159, 164, 205 P. 2d 938.

3. Joint occupancy may 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 area K.S.A. 59-513 inapplicable to making it through joint tenant. In re Estate of Foster, 182 Kan. 315, 320, 320 P. 2d 855.

6. Real estate joint tenancy; sale; profits 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 tenancy was meant. 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 insufficient to reveal joint tenancy created; intent. Miller v. Higgins, 188 Kan. 736, 738, 740, 741, 366 P. 2d 257.

9. Deed interpreted; grantees held tenants in common; rights identified. Holt v. King, 250 F. 2d 671, 674.

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

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

12. Joint tenancy in bank 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 made up an agreement creating joint tenancy bank account. In re Estate of Smith, 199 Kan. 89, 93, 427 P. 2d 443.

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

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

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

18. Section does not preclude oral proof of joint occupancy contract; 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 completed. Pace v. First National Bank of Osawatomie, Kansas, 404 F. 2d 52, 53, 54.

20. Joint occupancy in bank account not developed where intent of the depositor is uncertain; parol evidence admissible 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 construed; language in will currently expressed intention to produce 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 occupancy agreement permissible; deficiency of evidence; no claim developed. 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 occupancies discussed. Winsor v. Powell, 209 Kan. 292, 299, 497 P. 2d 292.

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

27. Cited in action figuring out 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 pleased on interest of one survivor. Johnson v. Capitol Federal Savings and Loan Association, 215 Kan. 286, 290, 291, 524 P. 2d 1127.

29. Joint occupancy contractual plan governed by contract law; spouse's right to deal with personal residential or commercial property throughout life time. Eastman, Administrator v. Mendrick, 218 Kan. 78, 85, 542 P. 2d 347.

30. Magic words missing from certificate of deposit; basic rules mentioned; intent to develop joint occupancy established by parol proof. 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 met. Renensland v. Ellenberger, 1 Kan. App. 2d 659, 665, 574 P. 2d

217. 33. Joint occupant convicted of feloniously eliminating spouse became renter in typical with heirs of partner. In re Estate of Shields, 1 Kan. App. 2d 688, 693, 574 P. 2d

229. 34. Garnishment of joint occupancy bank account severed joint occupancy; rebuttable anticipation of equivalent ownership; burden 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 individual 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 individuals "share and share alike, or to the survivor of them" develops occupancy in typical. McVey v. Pfingston, 3 Kan. App. 2d 276, 278, 593 P. 2d 1014. 37. Mentioned in decision of whether interests of two separate trusts developed 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 develop ownership in joint tenancy. In re Estate of Carter, 6 Kan. App. 2d 934, 937, 938, 636 P. 2d 227 (1981 ).

39. Estates in entirety 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 communicated by one looking for 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; principles used in figuring out presence of joint tenancy 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 amongst celebrations created by joint tenancy is rebuttable; party assaulting has problem. In Re Crouch C Stores, Inc., 120 B.R. 178, 180 (1990 ).

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

44. Noted where joint occupancy funds loaned to kid 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 anticipation of equal ownership occurs where occupancy in typical exists. In re Griffin, 141 B.R. 207, 208, 211 (1992 ).

46. Prenuptial agreement directing personality of particular realty governs regardless of celebrations 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 created despite the fact that interest in residential or commercial property was 99% for grantor mother and 1% for beneficiary kid. In re Estate of Lasater, 30 Kan. App. 2d 1021, 54 P. 3d 511 (2002 ).