1. (A) For purposes of this article, tangible personal property in the joint possession or control of the decedent and the surviving spouse at the time of the decedent's death is presumed to be owned by the decedent and the decedent's spouse in joint tenancy with right of survivorship if ownership is not evidenced otherwise by a certificate of title, bill of sale, or other writing. This presumption does not apply to property:

   1. (1) acquired by either spouse before marriage;
   2. (2) acquired by either spouse by gift or inheritance during the marriage;
   3. (3) used by the decedent spouse in a trade or business in which the surviving spouse has no interest;
   4. (4) held for another; or
   5. (5) specifically devised in a will or devised in a written statement or list disposing of tangible personal property pursuant to Section 62-2-512.
2. (B) The presumption created in this section may be overcome by a preponderance of the evidence demonstrating that ownership was held other than in joint tenancy with right of survivorship.

HISTORY: 2010 Act No. 266, SECTION 2, eff June 24, 2010; 2013 Act No. 100, SECTION 1, eff January 1, 2014.

Effect of Amendment

The 2013 amendment in subsection (A)(5) inserted "specifically devised in a will or".