All interest in any real estate, either granted or bequeathed to two or more persons other than executors or trustees, shall be held in common, unless it be clearly expressed in said grant or bequest that it shall be held by both parties.

History: Laws 1851-1852, p. 374; C.L. 1865, ch. 44, § 17; C.L. 1884, § 2764; C.L. 1897, § 3961; Code 1915, § 4762; C.S. 1929, § 117-106; 1941 Comp., § 75-111; 1953 Comp., § 70-1-14.

Cross references. — For conveyance to two or more persons "as joint tenants," see 47-1-35 NMSA 1978.

For conveyances to married persons, see 40-3-12 NMSA 1978.

Joint tenancy held created. — A deed executed by a husband in 1908 conveying community real estate to his wife and their daughter, stating that it was the intention of the grantor that the estate conveyed should be held by the grantees as joint tenants, created a joint tenancy, and not a tenancy in common in the entire premises. Brown v. Jackson, 1931-NMSC-053, 35 N.M. 604, 4 P.2d 1081.

Real estate contract as evidence of transmutation of property. — Although a real estate contract is not conclusive and is not, by itself, substantial evidence on the issue of transmutation of property, it at least constitutes some evidence of intent to transmute. Nichols v. Nichols, 1982-NMSC-071, 98 N.M. 322, 648 P.2d 780.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Deeds §§ 35, 179, 185, 274 to 276, 333, 359; 28 Am. Jur. 2d Estates § 2.

Partnership, effect of designating by firm name grantee in deed to pass title to partners as tenants in common, 1 A.L.R. 564, 8 A.L.R. 493.

Contribution as between cotenants in remainder as affected by fact that one or more of them owns, or did own, the life estate or an interest therein, 98 A.L.R. 859.

Lease to two or more as creating a tenancy in common or a joint tenancy, 113 A.L.R. 573.

Validity of provision in deed or other instrument creating a cotenancy that neither tenant shall encumber or dispose of his interest without consent of the other, 124 A.L.R. 222.

Character of tenancy created by instrument purporting to convey one's title or interest to himself and another, 132 A.L.R. 632, 173 A.L.R. 1216, 44 A.L.R.2d 595.

Character of tenancy created by owner's conveyance to himself and another, or to another alone, of an undivided interest, 44 A.L.R.2d 595.

What constitutes a devise or bequest in joint tenancy notwithstanding statute raising a presumption against joint tenancy, 46 A.L.R.2d 523.

Construction of devise to persons as joint tenants and expressly to the survivor of them, or to them "with the right of survivorship," 69 A.L.R.2d 1058.

Regulation of time-share or interval ownership interests in real estate, 6 A.L.R.4th 1288.

Estate created by deed to persons described as husband and wife but not legally married, 9 A.L.R.4th 1189.

26 C.J.S. Deeds §§ 24, 119, 125, 127; 48A C.J.S. Joint Tenancy §§ 22, 23.