1. (a) This section does not apply to:

   1. (1) mortgages;
   2. (2) conveyances in trust; or
   3. (3) conveyances made to husband and wife.
2. (b) Every estate vested in executors or trustees as executors shall be held by them in joint tenancy.

3. (c) Except as provided in subsection (b), a conveyance or devise of land or of any interest in land made to two (2) or more persons creates an estate in common and not in joint tenancy unless:

   1. (1) it is expressed in the conveyance or devise that the grantees or devisees hold the land or interest in land in joint tenancy and to the survivor of them; or

   2. (2) the intent to create an estate in joint tenancy manifestly appears from the tenor of the instrument.

      [Pre-2002 Recodification Citations: 32-1-2-7; 32-1-2-8.]

As added by P.L.2-2002, SEC.2.