Land Use & Property Rights
Co-ownership & passing it on
Who owns land with you, and what happens after death, comes down to the deed. Start with the exact words on the recorded document.
How a property is titled — the exact words on the deed — can control what happens to it at death, sometimes more than a will does. Worth getting right before you ever think about a transfer-on-death deed.
How land can be held
The common ownership forms
Each form shares ownership in a different way, and each treats death differently. The right one depends on who owns the land, whether they are married, and the plan behind the deed.
- Tenancy in common
- Each owner holds a share they can sell or leave to anyone; a deceased owner's share passes through their estate, not automatically to the co-owners.
- Joint tenancy with right of survivorship
- When one owner dies, their share passes automatically to the surviving owners, outside probate — if the deed is worded correctly.
- Tenancy by the entirety
- A form for married couples in Missouri (RSMo 442.025/442.450) with survivorship and some creditor protection; it ends on divorce.
- Trust or entity ownership
- Land can be held by a trust or an LLC for estate-planning, privacy, or liability reasons — a conversation for an attorney.
The transfer-on-death deed
Useful, but limited
A beneficiary (transfer-on-death) deed (RSMo Chapter 461) names who receives the real estate when you die, passing it OUTSIDE probate. It must be recorded BEFORE death, and you can revoke or change it while you're alive. But know its limits: it does NOT erase mortgages, liens, unpaid taxes, title defects, creditor claims, marital rights, or questions of mental capacity, and it does NOT replace a real estate plan. It's one useful tool, not a whole plan.
Before a beneficiary deed even comes up, check how the property is currently held — because joint tenancy or tenancy by the entirety can already control what happens at death. An attorney can make sure the title, any beneficiary deed, and your overall plan all point the same direction.
The deed words do the work. It is worth learning how deeds, recording, and boundaries fit together. Next up: deeds, title & boundaries.
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