33-431. Grants and devises to two or more
persons; estates in common; community property with right of
survivorship
A. Except as otherwise provided in this section, all grants and devises of real
property made to two or more persons create estates in common and not in joint tenancy,
except grants or devises in trust, or to executors, or to husband and wife.
B. A grant or devise to two or more persons may by express words vest the estate in
the survivor upon the death of a grantee or devisee when expressly declared in the grant,
transfer or devise to be a joint tenancy with right of survivorship. An estate in joint
tenancy with right of survivorship may also be created by grant or transfer from a sole
owner to himself and others, or from two or more owners to themselves or to one or more
of them and others.
C. A grant or devise to a husband and wife may by express words vest the estate in
the surviving spouse on the death of one of the spouses when expressly declared in the
grant, transfer or devise to be an estate in community property with right of
survivorship. An estate in community property with right of survivorship may also be
created by grant or transfer from a husband and wife, when holding title as community
property or otherwise, to themselves or from either husband or wife to both husband and
wife.
D. In the case of real property owned by a husband and wife as community property
with right of survivorship, the right of survivorship is extinguished as provided in
section 14-2804 or on the recordation in the office of the recorder of the county or
counties where the real property is located an affidavit entitled "affidavit terminating
right of survivorship" executed by either spouse under oath which sets forth a stated
intent by the spouse to terminate the survivorship right, a description of the instrument
by which the right of survivorship was created including the date the instrument was
recorded and the county recorder's book and page or instrument reference number and the
legal description of the real property affected by the affidavit. The recordation shall
not extinguish the community interest of either spouse.
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