Vermont § 2 - Estate in common preferred to joint tenancy; joint tenancy with unequal shares

Full text of Vermont Vermont Statutes Online § 2 — Estate in common preferred to joint tenancy; joint tenancy with unequal shares, with citation guidance and answers to common questions.

§ 2. Estate in common preferred to joint tenancy; joint tenancy with unequal shares

  • (a) Conveyances and devises of lands, whether for years, for life or in fee, made to two
    or more persons, shall be construed to create estates in common and not in joint tenancy,
    unless it is expressed therein that the grantees or devisees shall take the lands
    jointly or as joint tenants or in joint tenancy or to them and the survivors of them.
    This provision shall not apply to devises or conveyances made in trust or made to
    spouses or to conveyances in which it manifestly appears from the tenor of the instrument
    that it was intended to create an estate in joint tenancy. (b)(1) An instrument may create a joint tenancy in which the interests of the joint tenants
    are equal or unequal. (2) Unless the instrument creating a joint tenancy contains language indicating a contrary
    intent: (A) It shall be presumed that the joint tenants’ interests are equal. (B) Upon the death of a joint tenant, the deceased joint tenant’s interest shall be allocated
    among the surviving joint tenants, as joint tenants, in proportion to their respective
    joint interests at the time of the deceased joint tenant’s death. (Amended 2003, No. 150 (Adj. Sess.), § 1.)

Source: official Vermont text · Last verified 2026-08-27

Frequently Asked Questions About Vermont § 2

What does Vermont Statutes Online § 2 cover?

Section 2 ("Estate in common preferred to joint tenancy; joint tenancy with unequal shares") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 2?

A common citation format is "Vermont Statutes Online § 2" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.