New Hampshire Revised Statutes 261:17 – Joint Tenancy With Rights of Survivorship
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Upon the death of a married resident owner of a motor vehicle registered in this state, said motor vehicle, if used for family purposes, shall be deemed to have been jointly held property with right of survivorship unless otherwise designated on the certificate of title, and the interest of said decedent shall pass to his or her surviving spouse.
I. Where a certificate of title has been issued on the vehicle the surviving spouse may transfer the vehicle pursuant to N.H. Rev. Stat. § 261:14 without obtaining a new certificate of title. The signature of the surviving spouse on the certificate and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle.
II. Where no certificate of title has been issued on the vehicle and where such transfer requires the issuance of a certificate of title, a first certificate of title shall be immediately issued to said spouse upon the following conditions; application shall be made to the department including information required by N.H. Rev. Stat. § 261:4, I(a) and (b), accompanied by:
(a) A copy of the death record; and
(b) The required fee.
III. Individuals who are joint owners may provide for survivorship. If their joint ownership is held by using “and” between their names, they may obtain title as joint tenants with rights of survivorship by designating this preference on their title application. If their joint ownership is held by using “or” between their names, no other designation is required. Upon the death of one of the owners, the surviving owner may transfer the vehicle pursuant to N.H. Rev. Stat. § 261:14 without obtaining a new title. The signature of the surviving owner on the record and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle. One of the joint owners may be a nonresident, who shall be exempt from the requirements of N.H. Rev. Stat. § 261:71 for the purposes of this section only.
I. Where a certificate of title has been issued on the vehicle the surviving spouse may transfer the vehicle pursuant to N.H. Rev. Stat. § 261:14 without obtaining a new certificate of title. The signature of the surviving spouse on the certificate and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle.
Terms Used In New Hampshire Revised Statutes 261:17
- Certificate: shall mean :
I. See New Hampshire Revised Statutes 259:9 - Decedent: A deceased person.
- Department: shall mean the department of safety of the state of New Hampshire. See New Hampshire Revised Statutes 259:19
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Motor vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:60 - Nonresident: shall mean :
I. See New Hampshire Revised Statutes 259:67 - Owner: shall mean :
I. See New Hampshire Revised Statutes 259:72 - Resident: shall mean a resident of the state as defined in N. See New Hampshire Revised Statutes 259:88
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- State: shall mean :
I. See New Hampshire Revised Statutes 259:106 - Vehicle: shall mean :
I. See New Hampshire Revised Statutes 259:122
II. Where no certificate of title has been issued on the vehicle and where such transfer requires the issuance of a certificate of title, a first certificate of title shall be immediately issued to said spouse upon the following conditions; application shall be made to the department including information required by N.H. Rev. Stat. § 261:4, I(a) and (b), accompanied by:
(a) A copy of the death record; and
(b) The required fee.
III. Individuals who are joint owners may provide for survivorship. If their joint ownership is held by using “and” between their names, they may obtain title as joint tenants with rights of survivorship by designating this preference on their title application. If their joint ownership is held by using “or” between their names, no other designation is required. Upon the death of one of the owners, the surviving owner may transfer the vehicle pursuant to N.H. Rev. Stat. § 261:14 without obtaining a new title. The signature of the surviving owner on the record and a copy of the death record shall be deemed valid and sufficient for the proper transfer of the motor vehicle. One of the joint owners may be a nonresident, who shall be exempt from the requirements of N.H. Rev. Stat. § 261:71 for the purposes of this section only.