Section 6-2.2. When estate is in common, in joint tenancy or by the entirety


Latest version.
  • (a) A disposition of property to two or more persons creates in them a
      tenancy in common, unless expressly declared to be a joint tenancy.
        (b)  A  disposition  of real property to a husband and wife creates in
      them a tenancy by the entirety, unless expressly declared to be a  joint
      tenancy or a tenancy in common.
        (c)  A  disposition  on  or  after  January  first,  nineteen  hundred
      ninety-six of the shares of stock of a cooperative apartment corporation
      allocated  to  an  apartment  or  unit  together  with  the  appurtenant
      proprietary lease to a husband and wife creates in them a tenancy by the
      entirety,  unless  expressly declared to be a joint tenancy or a tenancy
      in the common.
        (d) A disposition of real property,  or  a  disposition  on  or  after
      January  first,  nineteen hundred ninety-six of the shares of stock of a
      cooperative apartment corporation allocated  to  an  apartment  or  unit
      together  with the appurtenant proprietary lease, to persons who are not
      legally married to one another but who are described in the  disposition
      as  husband  and  wife creates in them a joint tenancy, unless expressly
      declared to be a tenancy in common.
        (e) A disposition of property to two or  more  persons  as  executors,
      trustees or guardians creates in them a joint tenancy.
        (f)  Property  passing in intestacy to two or more persons is taken by
      them as tenants in common.