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Monday, March 06, 2017

Ind. Decisions - Supreme Court issues 1 today, re presumption in favor of a tenancy by the entirety between spouses

In Cheryl L. Underwood v. Thomas Bunger, in his capacity as the personal representative of the estate of Kenneth K. Kinney; Judith M. Fulford; and Sheree Demming, a 10-page, 5-0 opinion, Justice Slaughter writes:

Indiana has a longstanding legal presumption, recognized by statute and at common law, that spouses owning real property hold their interests as tenants by the entirety. This presumption, which is rebuttable upon a showing the parties intended another form of ownership, applies even if the couple owns the property with one or more additional parties. We hold this presumption is rebutted on the record before us. The deed conveying the property specifies that the three grantees, two of whom are married, shall take the property “all as Tenants-in-Common”. We reverse and remand with instructions. * * *

The Deed overcomes the statutory and common-law presumption in favor of a tenancy by the entirety between spouses by specifying that the three grantees own the property “all as Tenantsin-Common”. We reverse the trial court’s contrary judgment and remand for further proceedings consistent with this opinion.

Posted by Marcia Oddi on March 6, 2017 01:26 PM
Posted to Ind. Sup.Ct. Decisions