HB 1132 – AS INTRODUCED
HOUSE BILL 1132
This bill provides for various methods of creating and severing a joint tenancy in real property.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the creation and severance of joint tenancy in real property.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Tenants in Common; Joint Tenancy; Severance. Amend RSA 477:18 to read as follows:
477:18 Tenants in Common; Joint Tenancy; Severance.
I. Every conveyance or devise of real estate made to 2 or more persons shall be construed to create an estate in common and not in joint tenancy, unless it shall be expressed therein that the estate is to be holden by the grantees or devisees as joint tenants, or to them and the survivor of them, or unless other words are used clearly expressing an intention to create a joint tenancy. The addition, following the names of the grantees in the granting clause of a deed or devise, of the words “as joint tenants with rights of survivorship” or “as tenants by the entirety” shall constitute a clear expression of intention to create a joint tenancy.
II. A joint tenancy between or among 2 or more individuals may also be created by:
(a) A conveyance by one or more owners of real estate or an interest therein to themselves, or to themselves and one or more others, expressing the intent that the real estate or interest be held by the designated grantees “in joint tenancy,” “as joint tenants,” “as joint tenants with rights of survivorship,” or with other words clearly expressing an intention to create a joint tenancy; or
(b) A declaration, duly acknowledged and recorded, by 2 or more owners of real estate or an interest therein, that they henceforth hold the real estate or interest “in joint tenancy,” “as joint tenants,” “as joint tenants with rights of survivorship,” or with other words clearly expressing an intention to create a joint tenancy.
III.(a) A joint tenancy between or among an individual and one or more others is severed and is converted to a tenancy-in-common as to that individual as of the date and time of the recording of:
(1) A conveyance by the individual of his or her entire interest or an undivided fractional interest therein to a grantee who is not one of the other joint tenants;
(2) A duly acknowledged declaration by the individual, which may be included in a deed or other instrument, that the joint tenancy is severed; or
(3) A foreclosure deed or sheriff’s deed conveying the individual’s interest to a grantee who is not one of the other joint tenants.
(b) The severance under subparagraph (a) of an individual’s joint tenancy shall not sever the joint tenancy of 2 or more remaining joint tenants.
IV. The provisions of paragraphs II and III shall not preclude other methods of creating or severing a joint tenancy.
2 Effective Date. This act shall take effect 60 days after its passage.