Legal Question in Real Estate Law in Missouri

Joint Tenancy (with rights of survivorship)?

My husband and I have made a Warranty Deed to our house deeding it to ourselves as ''joint tenants'' and not as tenants in common. My question is this . . . it just reads ''as joint tenants and not as tenants in common'', and I am wondering if ''joint tenants with rights of survivorship'' needs to be added, or does the phrase ''joint tenants and not as tenants in common'' designate each of us as the owner if one dies. We have children of previous marriages, and we are wanting to be sure that if one of us dies, the house is protected as going to the surviving spouse. Thank you.


Asked on 2/22/03, 8:56 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Joint Tenancy (with rights of survivorship)?

The term "joint tenants" includes the term "with rights of survivorship", so you do not need to change that. Also, since you are Husband and Wife, in Missouri you actually hold the property as "tenants by the entirety" which is a special type of Joint Tenancy. Consult with a local real estate attorney for advice about your own particular situation and to be sure that your planning will have the intended effects. Good luck!

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Answered on 2/22/03, 9:06 pm


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