Does Missouri recognize tenancy by the entirety?

Answer 1

Well, honey, Missouri does indeed recognize tenancy by the entirety for married couples. This means that both partners have equal ownership of the property and, in the unfortunate event of one partner passing away, the surviving spouse automatically inherits the entire property. So, yes, Missouri is on board with this joint ownership arrangement.

Answer 2

Texas recognizes "TENANCY BY THE ENTIRETY" only by mention in the BUSINESS ORGANIZATIONS CODE Sec. 152.052. and Sec. 252.001.

However the concept is overridden by the inheritance laws / probate code and community property laws. In Texas inheritance of community property gives the spouse one half and the rest to other heirs unless it is "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP".

In most states when the grantees of a deed are stated to be "Husband and Wife" a "TENANCY BY THE ENTIRETY" is created.

In Texas "Husband and Wife" merely created community property.
And does not necessarily do that if the grantor is one of the spouses and the deed does not declare and acknowledge the property to be community property with a notice of the effect of the document required by Texas Family Code.

Utilizing both the identification of the grantees as "Husband and Wife" and declaration and acknowledgment of the property as "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP" provides the clarity needed.

Answer 3

no