Two names on a deed does not tell you who inherits the house. The wording next to those names does, and Missouri families are often surprised by what their own deed says once someone reads it closely.
A deed held in joint tenancy with right of survivorship passes to the surviving owner automatically at the first death. No probate, no court file, no waiting. A deed worded differently does something else entirely, even when the owners assumed otherwise.
What the Survivorship Language Does
Each owner holds the whole property rather than a separate share. When one owner dies, the survivor already owns it, so nothing passes through the estate. A will has no say in the matter, which catches people who carefully left the house to one child while the deed quietly promised it to someone else.
The survivor then owns the property outright and can sell it, refinance it, or leave it to anyone. Whatever the first owner hoped would happen next carries no weight.
Missouri Does Not Assume Survivorship
This is where Kirkwood families get caught. Under Missouri law, real estate granted to two or more people is a tenancy in common unless the deed expressly declares a joint tenancy. Tenancy in common has no survivorship. Each owner’s share passes through their own estate, which usually means probate.
Married couples are treated differently. A deed to spouses generally creates a tenancy by the entirety, which carries survivorship and adds protection, since a creditor of one spouse alone typically cannot reach property held that way. Neither spouse can sell or mortgage it without the other.
Where Adding a Child to the Deed Goes Wrong
Parents often add an adult child as a joint owner to keep the house out of probate. It works for that narrow purpose and creates several problems along the way:
- The child becomes a present owner, so their creditors, a divorce, or a lawsuit can reach the property.
- You cannot sell or refinance without that child’s signature.
- The transfer may count as a gift for Medicaid purposes, which can delay long-term care eligibility.
- Your other children may receive nothing, since the survivor owns the house outright.
- The child may lose a favorable tax basis that an inheritance would have provided.
Families who want to keep a home out of probate usually have better tools available.
Missouri’s Beneficiary Deed Solves the Same Problem
Missouri allows a beneficiary deed, recorded now but effective only at death. You keep full ownership while living, including the right to sell, refinance, or change your mind by recording a new deed. The beneficiary gets nothing until you die, so their creditors and their divorce stay out of it.
It is not a complete plan on its own. A beneficiary deed does not address incapacity, and it does not block Medicaid estate recovery. For many households it still beats adding a name to the deed.
Key Takeaways
- Survivorship depends on the deed’s exact wording, not on how many names appear.
- Missouri presumes tenancy in common unless joint tenancy is expressly declared.
- Deeds between spouses generally create a tenancy by the entirety, with added creditor protection.
- Adding a child as joint owner exposes the home to that child’s creditors and may affect Medicaid eligibility.
- A Missouri beneficiary deed avoids probate without giving up control during life.
- Your will does not override a survivorship deed.
Read Your Deed Before You Rely on It
Pull the deed and look at the words after the names. If you cannot tell what form of ownership you have, that is worth a conversation rather than an assumption.
The Estep Law Firm helps families with estate planning in Kirkwood and the surrounding St. Louis area, including deed review and probate matters. Whether joint tenancy with right of survivorship fits your situation depends on who owns the property, who you want to receive it, and what else your plan needs to do. An attorney can review the deed and explain your options.
References: Investopedia (May 28, 2019), “Joint Tenancy: Benefits and Pitfalls”. TBR News Media (Dec. 27, 2022), “Everything you need to know about jointly owned property and wills”. Missouri Revisor of Statutes, RSMo 442.450 and RSMo 461.025.
