Indiana Statutes
§ 32-17-2-1 — Application; two or more persons; conveyances and devises
(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.
[Pre-2002 Recodification Citations: 32-1-2-7;
32-1-2-8.]
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Related
G. Kevin Powell v. Estate of Gary Powell
14 N.E.3d 46 (Indiana Court of Appeals, 2014)
Ramer v. Smith
896 N.E.2d 563 (Indiana Court of Appeals, 2008)
Legislative History
As added by P.L.2-2002, SEC.2.
Nearby Sections
15
§ 32-16-1-1
"Prior property law"§ 32-16-1-2
Purpose of recodification§ 32-16-1-3
Statutory construction of recodification§ 32-16-1-4
Effect of recodification§ 32-16-1-5
Recodification of prior property law§ 32-16-1-6
References to repealed statutes§ 32-16-1-7
References to citations§ 32-16-1-8
References to prior rules§ 32-16-1-9
References to prior property law§ 32-17-1-1
"Grantor"§ 32-17-1-2
Fee simple conveyance§ 32-17-1-3
Estates tail; abolition§ 32-17-1-4
Lineal and collateral warranties; abolition§ 32-17-10-1
Application of chapter