Oklahoma § 60-74 - Joint tenancy and tenancy by entirety

§ 60-74. Joint tenancy and tenancy by entirety

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.

Oklahoma Statutes - Title 60. Property

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.

Added by Laws 1945, p. 213, § 1, emerg. eff. May 7, 1945.