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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

previous next Effective - 28 Aug 1953bottom

  442.025.  Conveyance to self and others to create joint estate. — 1.  Any person or persons owning real estate, or any interest therein, which he or they have power to convey, may effectively convey such real estate by a conveyance naming himself or themselves and another person or persons, or one or more of themselves and another person or persons, as grantees, and the conveyance has the same effect as to whether it creates a joint tenancy, or tenancy by the entireties, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the real estate to the persons named as grantees in the conveyance.

  2.  Any two or more persons owning real estate, or any interest therein, which they have power to convey, may effectively convey such real estate by a conveyance naming one, or more than one, or all such persons as grantees, and the conveyance has the same effect, as to whether it creates a separate ownership, or a joint tenancy, or tenancy by the entireties, or tenancy in common, or tenancy in partnership, as if it were a conveyance from a stranger who owned the real estate, to the persons named as grantees in the conveyance.

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

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(L. 1953 p. 615 § 442.024)

CROSS REFERENCE:

Homestead, conveyance requirements, 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.


---- end of effective   28 Aug 1953 ----

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