Alabama § 35-4-7 Survivorship Between Joint Tenants

Alabama Statutes

§ 35-4-7 — Survivorship Between Joint Tenants

Alabama § 35-4-7

Title 35Property

Ch. 4Conveyances and Creation of Estates

Art. 1General Provisions

This text of Alabama § 35-4-7 (Survivorship Between Joint Tenants) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 35-4-7 (2026).

Text

When one joint tenant dies before the severance, his interest does not survive to the other joint tenants but descends and vests as if his interest had been severed and ascertained; provided, that in the event it is stated in the instrument creating such tenancy that such tenancy is with right of survivorship or other words used therein showing such intention, then, upon the death of one joint tenant, his interest shall pass to the surviving joint tenant or tenants according to the intent of such instrument. This shall include those instruments of conveyance in which the grantor conveys to himself and one or more other persons and in which instruments it clearly appears that the intent is to create such a survivorship between joint tenants as is herein contemplated.

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When one joint tenant dies before the severance, his interest does not survive to the other joint tenants but descends and vests as if his interest had been severed and ascertained; provided, that in the event it is stated in the instrument creating such tenancy that such tenancy is with right of survivorship or other words used therein showing such intention, then, upon the death of one joint tenant, his interest shall pass to the surviving joint tenant or tenants according to the intent of such instrument. This shall include those instruments of conveyance in which the grantor conveys to himself and one or more other persons and in which instruments it clearly appears that the intent is to create such a survivorship between joint tenants as is herein contemplated.

Legislative History

(Code 1852, §1312; Code 1867, §1582; Code 1876, §2191; Code 1886, §1837; Code 1896, §1033; Code 1907, §3419; Code 1923, §6924; Code 1940, T. 47, §19; Acts 1945, No. 505, p. 730; Acts 1951, No. 885, p. 1526.)