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92nd General Assembly

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Public Act 92-0136

HB1060 Enrolled                                LRB9204539ARsb

    AN ACT concerning property law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Joint Tenancy Act is amended by changing
Section 1c as follows:

    (765 ILCS 1005/1c) (from Ch. 76, par. 1c)
    Sec. 1c.  Whenever a devise, conveyance,  assignment,  or
other  transfer  of property, including a beneficial interest
in a land trust, maintained or intended for maintenance as  a
homestead  by both husband and wife together during coverture
shall be made  and  the  instrument  of  devise,  conveyance,
assignment, or transfer expressly declares that the devise or
conveyance is made to persons, named and expressly identified
in  that instrument as husband and wife, not as joint tenants
or tenants in common but as tenants by the  entirety,  or  if
the beneficial interest in a land trust is to be held by both
husband  and  wife  as  tenants  by  the entirety, the estate
created shall be deemed to be in  tenancy  by  the  entirety.
Subject  to  the provisions of paragraph (d) of Section 2 and
unless otherwise assented to in writing by  both  tenants  by
the  entirety,  the  estate  in  tenancy  by  the entirety so
created shall exist only if, and as long as, the tenants  are
and  remain  married  to  each  other,  and upon the death of
either such tenant  the  survivor  shall  retain  the  entire
estate;  provided  that,  upon  a  judgment of dissolution of
marriage or of declaration of  invalidity  of  marriage,  the
estate shall, by operation of law, become a tenancy in common
until  and  unless  the  court  directs  otherwise;  provided
further  that the estate shall, by operation of law, become a
joint tenancy upon  the  creation  and  maintenance  by  both
spouses together of other property as a homestead.  A devise,
conveyance,  assignment,  or other transfer to 2 grantees who
are not in fact husband and wife that purports to  create  an
estate  by  the entirety shall be construed as having created
an estate in joint tenancy.  An  estate  in  tenancy  by  the
entirety  may  be  created  notwithstanding  the  fact that a
grantor is or the grantors are also named as a grantee or the
grantees in a deed.  No deed, contract for deed, mortgage, or
lease of homestead property held in tenancy by  the  entirety
shall  be  effective  unless  signed  by  both tenants.  This
Section shall not apply to nor operate to change  the  effect
of any devise or conveyance.
    This  amendatory  Act  of 1995 is declarative of existing
law.
(Source: P.A. 89-88, eff. 6-30-95; 89-438, eff. 12-15-95.)
    Passed in the General Assembly May 03, 2001.
    Approved July 24, 2001.

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