Slaughter, J.
Indiana has a longstanding legal presumption, recognized by statute and at common law, that spouses owning real property hold their interests as tenants by the entirety. This presumption, which is rebuttable upon a showing the parties intended another form of ownership, applies even if the couple owns the property with one or more additional parties. We hold this presumption is rebutted on the record before us. The deed conveying the property specifies that the three grantees, two of whom are married, shall take the property “all as Tenants-in-Common”. We reverse and remand with instructions.
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The Court of Appeals affirmed. Underwood v. Bunger, 52 N.E.3d 829 (Ind. Ct. App. 2016), reh’g denied. It, too, rejected Underwood’s argument, concluding that “the deed’s phrase ‘all as Tenants-in-Common’ must be balanced against the identification of Kinney and Fulford as husband and wife and does not clearly overcome the presumption in favor of tenancies by the entirety.” Id. at 833 (citations omitted). Based on this determination, the Court held that Husband’s interest in the Property passed directly to Wife upon his death and not to his Estate. Underwood sought transfer, which we now grant and reverse.
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We consider, first, whether the Deed is sufficiently clear to overcome the presumption that Husband and Wife held their interests in the Property by the entireties. We hold that it is. In addition, we address whether Underwood’s petition in the trial court contains a fatal judicial admission that estops her from challenging the trial court’s adverse judgment. We conclude it does not.
I. The Deed’s unambiguous statement that the three grantees, including Husband and Wife, hold their interests in the Property “all as Tenants-in-Common” overcomes the legal presumption favoring a tenancy by the entirety.
Under established Indiana law, a conveyance of real property to spouses presumptively creates an estate by the entireties. The presumption can be overcome if the instrument of conveyance reflects an intention to create some other form of concurrent ownership. Over the years, this common-law rule has been re-enacted by statute on several occasions, including most recently in 2002. This latest statute, which applies here, likewise presumes that spouses hold interests in realty as tenants by the entirety. The only noteworthy change to the current statute is that it relaxes the showing required to overcome the legal presumption of an entireties estate. We conclude the Deed’s granting clause defeats the presumption by expressing an intention to create a tenancy in common among all three grantees—Underwood, Husband, and Wife.
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Conclusion
The Deed overcomes the statutory and common-law presumption in favor of a tenancy by the entirety between spouses by specifying that the three grantees own the property “all as Tenants-in-Common”. We reverse the trial court’s contrary judgment and remand for further proceedings consistent with this opinion.
Rush, C.J., and Rucker, David, Massa, JJ., concur.