Tenancies in Missouri

Overview

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

Married couples automatically take title as tenants by the entirety in Missouri absent any language to the contrary. MO Rev Stat § 442.450.

Creation Language

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. 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.

See Feinberg v. Feinberg, 924 S.W.2d 328 (Mo. Ct. App. 1996)

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. 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

There are several cases that present a mixed bag of whether or not certain language, sometimes erroneously used, will still show sufficient intent to create a joint tenancy:

• (1961) Deed drawn by layman conveying land to mother and daughter “as tenants by entirety and to the survivor of them”, and repeating such language in the quitclaim provision and in the habendum clause created a joint tenancy in mother and daughter. Powers v. Buckowitz (Mo.), 347 S.W.2d 174.
• (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. See <uSenseney v. Jeffrey, 799 S.W.2d 636, 637 (Mo. Ct. App. 1990) and Jones v. Cox, 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 MO Rev Stat § 442.450.

Tenancy in Common

Tenancy in Common is recognized in Missouri as the default manner in which two or more grantees take title unless otherwise stated. MO Rev Stat § 442.450.

• presumed whenever two or more parties take title and no contrary intent is expressed -- except for trustees, P.R. and H&W V.A.M.S. 442.450

Cross-References

• Missouri
• Tenancies
• Marital Rights in Missouri