89-1-7 - Estate in two or more persons.
§ 89-1-7. Estate in two or more persons.
All conveyances or devises of land made to two (2) or more persons, including conveyances or devises to husband and wife, shall be construed to create estates in common and not in joint tenancy or entirety, unless it manifestly appears from the tenor of the instrument that it was intended to create an estate in joint tenancy or entirety with the right of survivorship. But an estate in joint tenancy or entirety with right of survivorship may be created by such conveyance from the owner or owners to himself, themselves or others, or to himself, themselves and others.
An estate in joint tenancy or entirety with right of survivorship between spouses may be terminated by deed of one spouse to the other without necessity of joinder of the grantee spouse and without regard to whether the property constitutes any part of the homestead of the spouses.
Sources: Codes, 1857, ch. 36, art. 18; 1871, § 2301; 1880, § 1197; 1892, § 2441; 1906, § 2770; Hemingway's 1917, § 2274; 1930, § 2113; 1942, § 834; Laws, 1958, ch. 237; Laws, 1993, ch. 395, § 1, eff from and after July 1, 1993.