Tenancies in Missouri - Revision history

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‎Creation Language

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‎Creation Language

Davidjenkins: /* Joint Tenancy with Right of Survivorship */

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‎Joint Tenancy with Right of Survivorship

Davidjenkins: /* Joint Tenancy with Right of Survivorship */

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‎Joint Tenancy with Right of Survivorship

Davidjenkins: /* Overview */

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‎Overview

Davidjenkins: /* Cross-References */

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‎Cross-References

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‎Creation Language

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‎Creation Language

Davidjenkins: /* Tenancy by the Entirety */

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‎Tenancy by the Entirety

Davidjenkins: /* Tenancy in Common */

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‎Tenancy in Common

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 * (1962) Land devised to three people “to share equally and to the survivors of them” created a joint life tenancy in devisees with a contingent remainder in the survivor, and no joint tenant can by conveyance, partition or otherwise destroy the right of survivorship. Johnson v. Woodard (A.), 356 S.W.2d 526.
 * (1967) The use of the words “as tenants by the entirety” in relation to two persons who are not husband and wife creates no presumption of a joint tenancy. Horton v. Estate of Elmore (A.), 420 S.W.2d 48.
-* Although there is no clear case on the matter, using the language "as joint tenants" without explicitly stating that there is a right of survivorship is still sufficient to create a joint tenancy with a right of survivorship because the right of survivorship is implicitly included. <u>See</u> <uSenseney v. Jeffrey</u>, 799 S.W.2d 636, 637 (Mo. Ct. App. 1990) and <u>Jones v. Cox</u>, 629 S.W.2d 511, 514 (Mo. Ct. App. 1981) in which both deed state there is a right of survivorship, but the court focuses exclusively on the words "joint tenancy" as being the operative language.  In addition, the statute does not mention the need to include any language regarding survivorship.
+* Although there is no clear case on the matter, using the language "as joint tenants" without explicitly stating that there is a right of survivorship is still sufficient to create a joint tenancy with a right of survivorship because the right of survivorship is implicitly included. <u>See</u> <uSenseney v. Jeffrey</u>, 799 S.W.2d 636, 637 (Mo. Ct. App. 1990) and <u>Jones v. Cox</u>, 629 S.W.2d 511, 514 (Mo. Ct. App. 1981) in which both deeds state there is a right of survivorship, but the court focuses exclusively on the words "joint tenancy" as being the operative language.  In addition, the statute does not mention the need to include any language regarding survivorship. See [https://law.justia.com/codes/missouri/2011/titlexxix/chapter442/section442450/ MO Rev Stat § 442.450].
 ==Tenancy in Common==

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 * (1962) Land devised to three people “to share equally and to the survivors of them” created a joint life tenancy in devisees with a contingent remainder in the survivor, and no joint tenant can by conveyance, partition or otherwise destroy the right of survivorship. Johnson v. Woodard (A.), 356 S.W.2d 526.
 * (1967) The use of the words “as tenants by the entirety” in relation to two persons who are not husband and wife creates no presumption of a joint tenancy. Horton v. Estate of Elmore (A.), 420 S.W.2d 48.
 ==Tenancy in Common==

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 ==Joint Tenancy with Right of Survivorship==
-Joint Tenancy with Right of Survivorship is recognized in Missouri, but the intent to create such a tenancy must be expressly stated in the deed or other document creating the interest.  [https://law.justia.com/codes/missouri/2011/titlexxix/chapter442/section442450/ MO Rev Stat § 442.450]. It is suggested to specially add the tenancy language "as joint tenants with right of survivorship" to where the tenancy language would appear in a deed.
+Joint Tenancy with Right of Survivorship is recognized in Missouri, but the intent to create such a tenancy must be expressly stated in the deed or other document creating the interest.  [https://law.justia.com/codes/missouri/2011/titlexxix/chapter442/section442450/ MO Rev Stat § 442.450]. It is suggested to specially add the tenancy language "as joint tenants with right of survivorship" to where the tenancy language would appear in any deed.
 ===Creation Language===

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 ==Joint Tenancy with Right of Survivorship==
-Joint Tenancy with Right of Survivorship is recognized in Missouri, but the intent to create such a tenancy must be expressly stated in the deed or other document creating the interest.  [https://law.justia.com/codes/missouri/2011/titlexxix/chapter442/section442450/ MO Rev Stat § 442.450].
+Joint Tenancy with Right of Survivorship is recognized in Missouri, but the intent to create such a tenancy must be expressly stated in the deed or other document creating the interest.  [https://law.justia.com/codes/missouri/2011/titlexxix/chapter442/section442450/ MO Rev Stat § 442.450]. It is suggested to specially add the tenancy language "as joint tenants with right of survivorship" to where the tenancy language would appear in a deed.
 ===Creation Language===

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 ==Overview==
-Missouri recognized the three main forms of common law tenancies.  The rules governing their creation and operation in Missouri are similar to the majority of those in other states that recognize all three.
+Missouri recognized the three main forms of common law tenancies.  The rules governing their creation and operation in Missouri are similar to those in the majority of states that recognize all three.
 ==Tenancy by the Entirety==

← Older revision		Revision as of 14:20, 4 August 2018
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	* [[Missouri]]		* [[Missouri]]
	* [[Tenancies]]		* [[Tenancies]]
		+	* [[Marital Rights in Missouri]]

← Older revision		Revision as of 14:20, 4 August 2018
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	A deed to a married couple as "husband and wife" creates a tenancy by the entirety. It is considered an estate, which cannot be divided. Judgments against one tenant are not a lien on property held as tenants by the entirety. Upon the death of one tenant, the surviving tenant succeeds to the whole estate.		A deed to a married couple as "husband and wife" creates a tenancy by the entirety. It is considered an estate, which cannot be divided. Judgments against one tenant are not a lien on property held as tenants by the entirety. Upon the death of one tenant, the surviving tenant succeeds to the whole estate.
		+
		+	See <u>Feinberg v. Feinberg</u>, 924 S.W.2d 328 (Mo. Ct. App. 1996)

	==Joint Tenancy with Right of Survivorship==		==Joint Tenancy with Right of Survivorship==

← Older revision		Revision as of 13:25, 4 August 2018
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	Automatic if H&W and no contrary intent in conveyance. [https://a.next.westlaw.com/Document/Ie9720a32e7a711d99439b076ef9ec4de/View/FullText.html?originationContext=docHeader&contextData=(sc.DocLink)&transitionType=Document&docSource=2b46c3e10d8843369d67bfd7dd4085d2 Woodworth v. Mauk], 614 S.W.2d 308 (Mo App. W.D. 1981)		Automatic if H&W and no contrary intent in conveyance. [https://a.next.westlaw.com/Document/Ie9720a32e7a711d99439b076ef9ec4de/View/FullText.html?originationContext=docHeader&contextData=(sc.DocLink)&transitionType=Document&docSource=2b46c3e10d8843369d67bfd7dd4085d2 Woodworth v. Mauk], 614 S.W.2d 308 (Mo App. W.D. 1981)
		+
		+	A deed to a married couple as "husband and wife" creates a tenancy by the entirety. It is considered an estate, which cannot be divided. Judgments against one tenant are not a lien on property held as tenants by the entirety. Upon the death of one tenant, the surviving tenant succeeds to the whole estate.

	==Joint Tenancy with Right of Survivorship==		==Joint Tenancy with Right of Survivorship==

← Older revision		Revision as of 02:40, 3 August 2018
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	There is no special language for the creation of a tenancy by the entirety. It is created automatically when a married couple takes title. It is suggested to specially add the tenancy language "as tenants by the entirety" and to indicate the marital status of the grantees such as "husband and wife" in any deed.		There is no special language for the creation of a tenancy by the entirety. It is created automatically when a married couple takes title. It is suggested to specially add the tenancy language "as tenants by the entirety" and to indicate the marital status of the grantees such as "husband and wife" in any deed.
		+
		+	Automatic if H&W and no contrary intent in conveyance. [https://a.next.westlaw.com/Document/Ie9720a32e7a711d99439b076ef9ec4de/View/FullText.html?originationContext=docHeader&contextData=(sc.DocLink)&transitionType=Document&docSource=2b46c3e10d8843369d67bfd7dd4085d2 Woodworth v. Mauk], 614 S.W.2d 308 (Mo App. W.D. 1981)

	==Joint Tenancy with Right of Survivorship==		==Joint Tenancy with Right of Survivorship==

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 Tenancy in Common is recognized in Missouri as the default manner in which two or more grantees take title unless otherwise stated. [https://law.justia.com/codes/missouri/2011/titlexxix/chapter442/section442450/ MO Rev Stat § 442.450].
 ==Cross-References==
 * [[Missouri]]
 * [[Tenancies]]