HB0546In Committee

Amends TCA Title 66.

Present law provides that in all estates, real and personal, held in joint tenancy, the part or share of any tenant dying does not descend or go to the surviving tenant or tenants, but descends or is vested in the heirs, executors, or administrators, respectively, of the tenant so dying, in the same manner as estates held by tenancy in common.<br /> <br /> This amendment adds that, notwithstanding the above, parties to a conveyance may contractually create a joint tenancy with right of survivorship through express language in the granting instrument. Under this bill, in all estates, real and personal, expressly held in joint tenancy with rights of survivorship, the part or share of any tenant dying will descend or go to the surviving tenant or tenants in the same manner as estates held by tenancy in common with express rights of survivorship. Also, this bill provides that joint tenancy with right of survivorship created in accordance with this bill cannot be destroyed unilaterally under the common law doctrine of severance by the action of any of the joint tenants conveying their interest to a third party.<br /> <br />

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Overview

Present law provides that in all estates, real and personal, held in joint tenancy, the part or share of any tenant dying does not descend or go to the surviving tenant or tenants, but descends or is vested in the heirs, executors, or administrators, respectively, of the tenant so dying, in the same manner as estates held by tenancy in common.<br /> <br /> This amendment adds that, notwithstanding the above, parties to a conveyance may contractually create a joint tenancy with right of survivorship through express language in the granting instrument. Under this bill, in all estates, real and personal, expressly held in joint tenancy with rights of survivorship, the part or share of any tenant dying will descend or go to the surviving tenant or tenants in the same manner as estates held by tenancy in common with express rights of survivorship. Also, this bill provides that joint tenancy with right of survivorship created in accordance with this bill cannot be destroyed unilaterally under the common law doctrine of severance by the action of any of the joint tenants conveying their interest to a third party.<br /> <br />

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Sponsor

Moon, Jerome

Details
Session

111th General Assembly

Introduced

February 4, 2019

Last Action

February 11, 2019

Assigned to s/c Civil Justice Subcommittee

Subjects
Real Property

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