Indiana Code 32-17-2-1. Application; two or more persons; conveyances and devises
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Sec. 1. (a) This section does not apply to:
(2) conveyances in trust; or
(1) mortgages;
Terms Used In Indiana Code 32-17-2-1
- Devise: To gift property by will.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
(3) conveyances made to husband and wife.
(b) Every estate vested in executors or trustees as executors shall be held by them in joint tenancy.
(c) Except as provided in subsection (b), a conveyance or devise of land or of any interest in land made to two (2) or more persons creates an estate in common and not in joint tenancy unless:
(1) it is expressed in the conveyance or devise that the grantees or devisees hold the land or interest in land in joint tenancy and to the survivor of them; or
(2) the intent to create an estate in joint tenancy manifestly appears from the tenor of the instrument.
[Pre-2002 Recodification Citations: 32-1-2-7; 32-1-2-8.]
As added by P.L.2-2002, SEC.2.