Key Takeaways
- Missouri recognizes tenancy in common, joint tenancy, and tenancy by the entirety
- Tenancy by the entirety is available only to married couples and provides survivorship rights
- Missouri follows the common law approach to dower and curtesy rights
- Community property does not exist in Missouri—it is a separate property state
- Homestead exemption in Missouri protects up to \$15,000 in equity from creditors
Property Ownership in Missouri
Missouri recognizes several forms of property ownership, each with different rights and survivorship implications.
Forms of Concurrent Ownership
Tenancy in Common
| Feature | Description |
|---|---|
| Default form | When ownership not specified |
| Ownership share | Can be equal or unequal |
| Right of survivorship | None—passes by will or intestacy |
| Transfer rights | Can sell or devise share |
| Partition | Can force division or sale |
Joint Tenancy
| Feature | Description |
|---|---|
| Four unities | Time, title, interest, possession |
| Ownership share | Must be equal |
| Right of survivorship | Yes—passes to surviving owners |
| Transfer | Severs joint tenancy |
| Creation | Must expressly state "joint tenants" |
Key Point: Joint tenancy is NOT automatic in Missouri. The deed must specifically create joint tenancy with right of survivorship.
Tenancy by the Entirety
| Feature | Description |
|---|---|
| Who can hold | Married couples only |
| Right of survivorship | Yes—automatic |
| Creditor protection | Protected from individual debts |
| Transfer | Requires both spouses' consent |
| Termination | Divorce, death, or mutual agreement |
Creating Ownership
Deed Requirements
To create different ownerships:
| Ownership Type | Deed Language |
|---|---|
| Tenancy in common | "As tenants in common" or default |
| Joint tenancy | "As joint tenants with right of survivorship" |
| Tenancy by entirety | "As tenants by the entirety" (married) |
Missouri is a Separate Property State
Missouri is NOT a community property state:
| Missouri Rule | Meaning |
|---|---|
| Separate property | Each spouse owns individual property |
| Marital property | Subject to equitable division in divorce |
| Acquisition | Title determines ownership |
| No community property | Different from TX, CA, AZ, etc. |
Marital Rights in Missouri
Dower and Curtesy
Missouri has eliminated traditional dower and curtesy but provides:
| Protection | Description |
|---|---|
| Elective share | Surviving spouse can elect share |
| Homestead allowance | Protection for residence |
| Family allowance | Support during probate |
Spousal Signature Requirements
| Transaction | Both Spouses Must Sign? |
|---|---|
| Sell homestead | Yes (if homestead rights) |
| Mortgage | Usually recommended |
| Lease | Depends on ownership |
Homestead Exemption
Missouri provides a homestead exemption protecting the family home from certain creditors:
| Feature | Amount |
|---|---|
| Maximum equity protected | $15,000 |
| Mobile homes | $5,000 |
| Applies to | Primary residence |
Exceptions to Homestead Protection
Homestead does NOT protect against:
| Creditor Type | Can Force Sale? |
|---|---|
| Purchase money mortgages | Yes |
| Property taxes | Yes |
| Mechanic's liens | Yes |
| Child support | Yes |
Exam Tip: Missouri's homestead exemption of $15,000 is relatively low compared to other states.
Which form of property ownership in Missouri provides survivorship rights for married couples AND protection from individual creditors?
What is the maximum homestead exemption in Missouri?