State Codes and Statutes

Statutes > Missouri > T29 > C442 > 442_025

Conveyance to self and others to create joint estate.

442.025. 1. Any person or persons owning real estate, orany interest therein, which he or they have power to convey, mayeffectively convey such real estate by a conveyance naminghimself or themselves and another person or persons, or one ormore of themselves and another person or persons, as grantees,and the conveyance has the same effect as to whether it creates ajoint tenancy, or tenancy by the entireties, or tenancy incommon, or tenancy in partnership, as if it were a conveyancefrom a stranger who owned the real estate to the persons named asgrantees in the conveyance.

2. Any two or more persons owning real estate, or anyinterest therein, which they have power to convey, mayeffectively convey such real estate by a conveyance naming one,or more than one, or all such persons as grantees, and theconveyance has the same effect, as to whether it creates aseparate ownership, or a joint tenancy, or tenancy by theentireties, or tenancy in common, or tenancy in partnership, asif it were a conveyance from a stranger who owned the realestate, to the persons named as grantees in the conveyance.

3. Any "person" mentioned in this section may be a marriedperson, and any "persons" so mentioned may be persons married toeach other.

(L. 1953 p. 615 § 442.024)

CROSS REFERENCE:

Homestead, conveyance requirements, RSMo 513.475

(1954) Tenants in common in trust estate, consisting of personal property, having power to alter or amend trust agreement, could make such changes as were necessary to change their ownership to joint tenancy with right of survivorship. Creek v. Union National Bank (Mo.), 266 S.W.2d 737.

(1960) Conveyance to two persons with habendum clause reciting that grantees are to hold "as joint tenants, and not as tenants in common, with right of survivorship, and to their heirs and assigns forever" created joint tenancy and the right of survivorship was defeated by a subsequent conveyance by one of joint tenants. McClendon v. Johnson (Mo.), 337 S.W.2d 77.

(1961) A deed executed in 1943 by owner of land to his wife conveying an interest in real estate and reciting that under the deed the first party was reserving unto himself a co-tenancy by the entirety with the party of the second part in and to said premises, the intention being to vest fee simple title in the premises in the grantor and grantee, husband and wife, by the entirety with the right of survivorship held to create an estate by the entirety. Kluck v. Metsger (Mo.), 349 S.W.2d 919.

State Codes and Statutes

Statutes > Missouri > T29 > C442 > 442_025

Conveyance to self and others to create joint estate.

442.025. 1. Any person or persons owning real estate, orany interest therein, which he or they have power to convey, mayeffectively convey such real estate by a conveyance naminghimself or themselves and another person or persons, or one ormore of themselves and another person or persons, as grantees,and the conveyance has the same effect as to whether it creates ajoint tenancy, or tenancy by the entireties, or tenancy incommon, or tenancy in partnership, as if it were a conveyancefrom a stranger who owned the real estate to the persons named asgrantees in the conveyance.

2. Any two or more persons owning real estate, or anyinterest therein, which they have power to convey, mayeffectively convey such real estate by a conveyance naming one,or more than one, or all such persons as grantees, and theconveyance has the same effect, as to whether it creates aseparate ownership, or a joint tenancy, or tenancy by theentireties, or tenancy in common, or tenancy in partnership, asif it were a conveyance from a stranger who owned the realestate, to the persons named as grantees in the conveyance.

3. Any "person" mentioned in this section may be a marriedperson, and any "persons" so mentioned may be persons married toeach other.

(L. 1953 p. 615 § 442.024)

CROSS REFERENCE:

Homestead, conveyance requirements, RSMo 513.475

(1954) Tenants in common in trust estate, consisting of personal property, having power to alter or amend trust agreement, could make such changes as were necessary to change their ownership to joint tenancy with right of survivorship. Creek v. Union National Bank (Mo.), 266 S.W.2d 737.

(1960) Conveyance to two persons with habendum clause reciting that grantees are to hold "as joint tenants, and not as tenants in common, with right of survivorship, and to their heirs and assigns forever" created joint tenancy and the right of survivorship was defeated by a subsequent conveyance by one of joint tenants. McClendon v. Johnson (Mo.), 337 S.W.2d 77.

(1961) A deed executed in 1943 by owner of land to his wife conveying an interest in real estate and reciting that under the deed the first party was reserving unto himself a co-tenancy by the entirety with the party of the second part in and to said premises, the intention being to vest fee simple title in the premises in the grantor and grantee, husband and wife, by the entirety with the right of survivorship held to create an estate by the entirety. Kluck v. Metsger (Mo.), 349 S.W.2d 919.


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T29 > C442 > 442_025

Conveyance to self and others to create joint estate.

442.025. 1. Any person or persons owning real estate, orany interest therein, which he or they have power to convey, mayeffectively convey such real estate by a conveyance naminghimself or themselves and another person or persons, or one ormore of themselves and another person or persons, as grantees,and the conveyance has the same effect as to whether it creates ajoint tenancy, or tenancy by the entireties, or tenancy incommon, or tenancy in partnership, as if it were a conveyancefrom a stranger who owned the real estate to the persons named asgrantees in the conveyance.

2. Any two or more persons owning real estate, or anyinterest therein, which they have power to convey, mayeffectively convey such real estate by a conveyance naming one,or more than one, or all such persons as grantees, and theconveyance has the same effect, as to whether it creates aseparate ownership, or a joint tenancy, or tenancy by theentireties, or tenancy in common, or tenancy in partnership, asif it were a conveyance from a stranger who owned the realestate, to the persons named as grantees in the conveyance.

3. Any "person" mentioned in this section may be a marriedperson, and any "persons" so mentioned may be persons married toeach other.

(L. 1953 p. 615 § 442.024)

CROSS REFERENCE:

Homestead, conveyance requirements, RSMo 513.475

(1954) Tenants in common in trust estate, consisting of personal property, having power to alter or amend trust agreement, could make such changes as were necessary to change their ownership to joint tenancy with right of survivorship. Creek v. Union National Bank (Mo.), 266 S.W.2d 737.

(1960) Conveyance to two persons with habendum clause reciting that grantees are to hold "as joint tenants, and not as tenants in common, with right of survivorship, and to their heirs and assigns forever" created joint tenancy and the right of survivorship was defeated by a subsequent conveyance by one of joint tenants. McClendon v. Johnson (Mo.), 337 S.W.2d 77.

(1961) A deed executed in 1943 by owner of land to his wife conveying an interest in real estate and reciting that under the deed the first party was reserving unto himself a co-tenancy by the entirety with the party of the second part in and to said premises, the intention being to vest fee simple title in the premises in the grantor and grantee, husband and wife, by the entirety with the right of survivorship held to create an estate by the entirety. Kluck v. Metsger (Mo.), 349 S.W.2d 919.