Words Necessary for Creation of a Joint Tenancy

The use of joint tenancies has increased in Nebraska within the past decade to the point where it has been estimated that more than half of the conveyances recorded are of that type. In view of the widespread use of this joint form of ownership many questions will arise in the future concerning the language necessary to create a joint tenancy. Section 76-205 of the Revised Statutes of Nebraska provides: “In the construction of every instrument creating or conveying . . . any real estate or interest therein, it shall be the duty of the courts of justice to carry into effect the true intent of the parties, so far as such intent can be collected from the whole instrument, and so far as such intent is consistent with the rules of law.” If property is granted to “A and B jointly,” the question arises whether this is sufficient indication of the grantor’s intent to create a joint tenancy in A and B, or is it necessary for the draftsman to make that intent more definite by providing that the grant is to “A and B as joint tenants with right of survivorship and not as tenants in common,” or some similar language. In light of the above statutory language, the sole question is whether a conveyance to “A and B jointly” was intended to create a joint tenancy. In determining this point, the use of the word “jointly” is controlling. It is elementary that significance must be given to every word. Fortunately the legal effect of the word “jointly” has been passed upon by courts and discussed by writers of authority