A joint interest is one owned by several persons in either real or personal property in equal shares, being a joint title created by a single instrument, will or transfer when expressly declared in the instrument, will or transfer to be a joint tenancy, or as between husband and wife a tenancy by entirety or joint tenancy as the grantor may elect, or when granting or devising to executors or trustees as joint tenants. A tenancy by entirety can only be created between husband and wife.

Such joint tenancy or tenancy by entirety may be created by transfer to persons as joint tenants or tenants by entirety from an owner or a joint owner to himself and one or more persons, or from tenants in common to themselves, or by coparceners in voluntary partition, and such estates may be created by or for persons who have elected to become bound under any community property act now in existence or which may hereafter be enacted. An adjudication of incompetency shall not operate to terminate such an estate.

Where a deed, transfer or conveyance grants an estate in joint tenancy or tenancy by entirety in the granting clause thereof, the granting clause shall control over the habendum clause containing language inconsistent to the granting clause.

In the event of the death of a joint tenant or tenant by entirety, leaving estate subject to probate, a certified copy of letters testamentary or of administration shall constitute prima facie evidence of such death.

The provisions of this act shall apply to all estates in joint tenancy or tenancy by entirety in either real or personal property heretofore or hereafter created.

Nothing herein contained shall prevent execution, levy and sale of the interest of the judgment debtor in such estates and such sale shall constitute a severance.

Historical Data

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Laws 1945, SB 160, p. 213, § 1, emerg. eff. May 7, 1945.

Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
Oklahoma Attorney General's Opinions
	Cite	Name	Level
	1983 OK AG 159,	Question Submitted by: The Honorable Howard Cotner, Oklahoma House of Representatives	Cited
Oklahoma Court of Civil Appeals Cases
	Cite	Name	Level
	1992 OK CIV APP 26, 909 P.2d 63, 66 OBJ 2775,	Estate of Steen, Matter of	Discussed
	1992 OK CIV APP 90, 838 P.2d 40, 63 OBJ 2946,	Estate of Cooper, Matter of	Cited
	1993 OK CIV APP 34, 852 P.2d 170, 64 OBJ 1582,	Williams v. Williams	Discussed
	2006 OK CIV APP 7, 128 P.3d 1104,	IN THE MATTER OF THE ESTATE OF GLEN Z. GREER, JR.	Cited
	1996 OK CIV APP 39, 924 P.2d 781, 67 OBJ 2979,	Liberty Bank & Trust Co. of Tulsa, N.A. v. Murray,	Cited
	2011 OK CIV APP 102, 267 P.3d 150,	COMBS v. SHERMAN	Cited
	1975 OK CIV APP 62, 549 P.2d 1351,	GILLES v. NORMAN PLUMBING SUPPLY CO. OF OKLA. CITY, INC.	Discussed
	2015 OK CIV APP 64, 377 P.3d 1281,	IN THE MATTER OF THE ESTATE OF KENWORTHY	Cited
	1981 OK CIV APP 31, 635 P.2d 336,	Isenhower v. Duncan	Cited
	1985 OK CIV APP 35, 710 P.2d 129, 56 OBJ 2629,	Baker v. Baker	Discussed
Oklahoma Supreme Court Cases
	Cite	Name	Level
	1994 OK 51, 874 P.2d 1282, 65 OBJ 1713,	In the Matter of the Estate of Ingram	Cited
	1952 OK 422, 256 P.2d 158, 208 Okla 352,	WATKINS v. McCOMBER	Discussed
	1953 OK 392, 258 P.2d 899,	FLESHER v. FLESHER	Discussed at Length
	1961 OK 12, 359 P.2d 1080,	WRIGHT v. BLOOM	Cited
	1961 OK 198, 363 P.2d 949,	FORSTON v. HEISLER	Cited
	1963 OK 193, 385 P.2d 898,	SHACKELTON v. SHERRARD	Discussed at Length
	1966 OK 4, 417 P.2d 316,	PEYTON v. McCASLIN	Cited
	1971 OK 28, 482 P.2d 585,	RANEY v. DIEHL	Discussed
	1972 OK 77, 497 P.2d 417,	JACKMAN v. OKLAHOMA TAX COMMISSION	Cited
	2007 OK 52, 163 P.3d 540,	TOMA v. TOMA	Discussed
	2011 OK 99, 270 P.3d 143,	VALDEZ v. OCCUPANTS OF 3908 SW 24TH STREET	Discussed
	1975 OK 101, 538 P.2d 200,	ALEXANDER v. ALEXANDER	Discussed
	1948 OK 81, 191 P.2d 921, 200 Okla. 198,	DRAUGHON v. WRIGHT	Discussed at Length
	1983 OK 81, 672 P.2d 1149,	Hill v. Hill	Discussed

Citationizer: Table of Authority

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Cite	Name	Level
None Found.