§ 76-118 — Conveyances; identity of grantor and grantee; effect

(1) Any person or persons owning property which he, she, or they have power to convey, may effectively convey such property by a conveyance naming himself, herself, or themselves and another person or persons, as grantees, and the conveyance has the same effect as to whether it creates a joint tenancy, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the property to the persons named as grantees in the conveyance. (2) Any two or more persons owning property which they have power to convey, may effectively convey such property by a conveyance naming one, or more than one, or all such persons, as grantees, and the conveyance has the same effect, as to whether it creates a separate ownership, or a joint tenancy, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the property, to the persons named as grantees in the conveyance. (3) Any person mentioned in this section may be a married person, and any persons so mentioned may be persons married to each other. (4) The conveyance of all of the interest of one joint tenant to himself or herself as grantee, in which the intention to effect a severance of the joint tenancy expressly appears in the instrument, severs the joint tenancy.

Legislative History

Source: Laws 1941, c. 153, § 18, p. 598; C.S.Supp.,1941, § 76-1018; R.S.1943, § 76-118; Laws 1980, LB 694, § 11. Annotations: A deed which purportedly conveyed all of the interest of one joint tenant, wherein he is both grantor and grantee, is not an act which will sever the joint tenancy. Krause v. Crossley, 202 Neb. 806, 277 N.W.2d 242 (1979). Common law rule as to joint tenancies was modified by this section. White v. Ogier, 175 Neb. 883, 125 N.W.2d 68 (1963). Joint tenancies have been approved by the Legislature. DeForge v. Patrick, 162 Neb. 568, 76 N.W.2d 733 (1956). Owner of property can convey to himself and another and create joint tenancy. Crowell v. Milligan, 157 Neb. 127, 59 N.W.2d 346 (1953). Prior to adoption of this section, four unities were requisite to creation of joint tenancy. Anson v. Murphy, 149 Neb. 716, 32 N.W.2d 271 (1948). Under public policy announced by Uniform Property Act, conveyance direct by husband to wife as joint tenants with right of survivorship was effective. United States v. 12,800 Acres of Land in Hall County, 69 F.Supp. 767 (D. Neb. 1947).