Deeds and Title
Ownership and Deeds in Missouri
Every state is slightly different in its laws regarding property ownership. Knowing the basics of property law generally in the United States can go a long way. However, as you buy and sell properties in a state, knowing that market’s specific laws and preferences can help to set expectations and make your transactions move forward more smoothly.
In this article, we walk through some of the key ownership considerations in Missouri.
Types of Ownership in Missouri
Missouri recognizes four basic types of ownership: sole ownership, tenancy by the entirety, joint tenants, and tenants in common.
Sole Ownership in Missouri
In this type of ownership, one individual or entity owns the property completely with no other tenants. Missouri does require that a non-owner spouse sign a deed selling, conveying, or otherwise encumbering a property by the owner spouse.
Tenant by the Entirety in Missouri
This is a form of ownership specifically created for spouses. In Missouri, spouses have the option of owning property by the entirety, which functions like a joint tenancy in that the surviving spouse will immediately take ownership of the property on the death of the other spouse.
Joint Tenants in Missouri
Missouri recognizes joint tenancy with right of survivorship as a common form of joint ownership. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities. In particular, joint tenancies with right of survivorship involve all parties having equal ownership and the right to assume another owner’s interest in the event the other owner dies.
Tenancy in Common in Missouri
Missouri also recognizes tenancy in common as a form of co-ownership. Tenancy in common allows multiple owners to own title in a property, but rather than owning equally, the owners can set varying ownership percentages. For example, one owner could own 51% of the property, with the other owning 49%. Additionally, an owner’s share would pass to the owner’s heirs upon death, rather than passing to the other tenants in common.
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Types of Deeds in Missouri
The most common deed form in Missouri is the warranty deed. Warranty deeds provide a form of protection to the buyer in the form of a warranty by the seller that guarantees no issues with the title. Special warranty deeds are also available and provide a guarantee but only that the seller has not created any issues with the title during the time that the seller owned the property. Quitclaim deeds require additional underwriting to be insurable in Missouri.
Conclusion
Knowing how a property is typically conveyed in a state, and what types of ownership are available for the title can go a long way to ensuring a smooth transaction.
Missouri has fairly standard ownership laws and document customs. An important additional consideration for Missouri is the requirement for signatures on deeds by non-owner spouses.
*The information provided on this site does not, and is not intended to, constitute legal, financial, tax, or real estate advice. Please consult your expert for advice in those areas. All content is for general informational purposes only and is not intended to provide a complete description of the subject matter. Although Blueprint provides information it believes to be accurate, Blueprint makes no representations or warranties about the accuracy or completeness of the information contained on this site. Specific processes will vary based on applicable law. The title and closing process will be handled by a third-party attorney to the extent required by law. Product offerings vary by jurisdiction and are not available or solicited in any state where we are not licensed.