§ 42-516. Tenancies in common, tenancies by the entireties, and joint tenancies.

Current through October 23, 2012

(a) Every estate granted or devised to 2 or more persons in their own right, including estates granted or devised to spouses or domestic partners, as defined in § 32-701(3), shall be a tenancy in common, unless expressly declared to be a joint tenancy; but every estate vested in executors or trustees, as such, shall be a joint tenancy, unless otherwise expressed.

(b) An interest in property, whether held in tenancy in common, joint tenancy, or tenancy by the entirety, may be granted by 1 or more persons, as grantor or grantors:

(1) To 1 of them alone as grantee; or

(2) To the following, as grantees in tenancy in common, joint tenancy, or tenancy by the entirety:

(A) The grantors alone;

(B) Two or more of the grantors;

(D) One or more of the grantors and another person or persons.

(c) A tenancy by the entirety may be created in any conveyance of real property to spouses or to domestic partners as that term is defined in § 32-701(3).

                
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(Mar. 3, 1901, 31 Stat. 1352, ch. 854, § 1031; June 30, 1902, 32 Stat. 538, ch. 1329; Dec. 7, 1970, 84 Stat. 1390, Pub. L. 91-530, § 1; Apr. 27, 1994, D.C. Law 10-110, § 2(d), 41 DCR 1023; Sept. 12, 2008, D.C. Law 17-231, § 33(a), 55 DCR 6758; July 18, 2008, D.C. Law 18-33, § 6(a), 56 DCR 4269.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 45-216.

1973 Ed., § 45-816.

Effect of Amendments

D.C. Law 17-231, in subsec. (a), substituted "including estates granted or devised to spouses or domestic partners, as defined in § 32-701(3), for "including estates granted or devised to husband and wife,".

D.C. Law 18-33 added subsec. (c).

Legislative History of Laws

Law 10-110, the "Property Conveyancing Revision Act of 1994," was introduced in Council and assigned Bill No. 10-88, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on January 4, 1994, and February 1, 1994, respectively. Signed by the Mayor on February 18, 1994, it was assigned Act No. 10-198 and transmitted to both Houses of Congress for its review. D.C. Law 10-110 became effective on April 27, 1994.

Law 17-231, the "Omnibus Domestic Partnership Equality Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-135, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on June 6, 2008, it was assigned Act No. 17-403 and transmitted to both Houses of Congress for its review. D.C. Law 17-231 became effective on September 12, 2008.

Law 18-33, the "Domestic Partnership Judicial Determination of Parentage Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-66, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 7, 2009, and May 5, 2009, respectively. Signed by the Mayor on May 21, 2008, it was assigned Act No. 18-66 and transmitted to both Houses of Congress for its review. D.C. Law 18-33 became effective on July 18, 2008.