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Ind. Code § 32-17-2-1

Application; two or more persons; conveyances and devises

Applied in 3 court decisions — leading case Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr. (2017)

Most recently applied in Darryl F. Bryant, Sr. v. Darryl F. Bryant, Jr. (April 2017)

As added by P.L.2-2002, SEC.2.

How often courts cite this section

20082010201710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 1. (a) This section does not apply to:

(1) mortgages;

(2) conveyances in trust; or

(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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.