Kentucky Statutes 381.050 – Estate created by conveyance to husband and wife — Will not to defeat right to the entirety by survivorship
Current as of: 2024 | Check for updates
|
Other versions
(1) If real estate is conveyed or devised to husband and wife, unless a right by survivorship is expressly provided for, there shall be no mutual right to the entirety by survivorship between them, but they shall take as tenants in common, and the respective moieties shall be subject to the respective rights of the husband or wife as fixed in KRS Chapter 392, with all other incidents to such tenancy.
(2) Where a conveyance or devise expressly creates a mutual right to the entirety by survivorship in real estate between a husband and wife, no provision of the will of the husband or wife shall be construed to defeat such right to the entirety by survivorship of the surviving spouse.
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 2, sec. 1, effective July 15, 1980. — Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2143.
(2) Where a conveyance or devise expressly creates a mutual right to the entirety by survivorship in real estate between a husband and wife, no provision of the will of the husband or wife shall be construed to defeat such right to the entirety by survivorship of the surviving spouse.
Terms Used In Kentucky Statutes 381.050
- Devise: To gift property by will.
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
Effective: July 15, 1980
History: Amended 1980 Ky. Acts ch. 2, sec. 1, effective July 15, 1980. — Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2143.