Revision: Dec. 14, 2011, midnight
HB 1368 – AS INTRODUCED
2012 SESSION
05/01
HOUSE BILL 1368
AN ACT relative to real property held as a joint tenancy with rights of survivorship.
SPONSORS: Rep. Manuse, Rock 5; Rep. Oligny, Rock 8; Rep. Lambert, Hills 27; Sen. White, Dist 9
This bill requires a joint tenant with rights of survivorship to provide notice to the other joint tenants of his or her intent to sever the joint tenancy.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2271
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to real property held as a joint tenancy with rights of survivorship.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Conveyances of Realty and Interests Therein.
477:18 Tenants in Common; Joint Tenants with Rights of Survivorship.
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. If the property is held in a joint tenancy with rights of survivorship, a joint tenant may not sever the joint tenancy as to the joint tenant’s interest in the property without notice to the other joint tenants. Such notice shall be provided in writing, by certified mail, to each of the joint tenants. Any deed or other instrument of conveyance purporting to sever the joint tenancy shall include a notarized statement indicating that the grantor has provided the notice required under this paragraph.
2 Effective Date. This act shall take effect January 1, 2013.