When you’re married and own property together, how that property is titled is very important. In Missouri, one special way for married couples to co-own property is through a legal arrangement known as tenancy by the entirety. If you’ve never heard of it before, don’t worry—you’re not alone. But it’s something every married couple should know and understand, especially when buying a home, creating an estate plan, or making any sort of business or real estate transaction..
At The Piatchek Law Firm in Springfield, Missouri, we help families across the Ozarks make practical, informed decisions about property, estate planning, and protecting what they’ve worked hard for. Here’s what you need to know about owning property as tenants by the entirety—and how it might benefit your family.
What Does “Tenants by the Entirety” Mean?
Tenancy by the entirety is a form of joint property ownership that’s available only to legally married couples. When you and your spouse own property this way, you are treated by Missouri law as a single legal unit. Instead of each spouse owning 50%, both spouses are considered to own the entire property together. Said another way, each spouse owns the entire property.
This method of ownership is most commonly used for real estate, especially the family home. However, it can also be used for certain types of personal property in Missouri if it’s specifically titled that way.
Key Features of Tenancy by the Entirety
This form of ownership offers several unique benefits that make it especially appealing for married couples:
1. Right of Survivorship
If one spouse passes away, the surviving spouse automatically becomes the sole owner of the entire property. When the spouses are alive, they each own the entire property; if one spouse dies, the surviving spouse continues to own the whole property – there is simply one less owner than there used to be. In any event, there’s no need to go through probate for that asset—ownership transfers immediately and by law.
2. Protection from Certain Creditors
Property owned as tenants by the entirety is generally protected from creditors who have a judgment against just one spouse. For example, if your spouse is sued and gets a judgment against them, the creditor cannot usually force the sale of the home to collect on that debt, because the other spouse owns the entire property, and there is no such judgment against the other spouse.
If a creditor were to get a judgment against both spouses, then that is different, and these protections would not apply.
3. Equal Control
Neither spouse can easily sell, gift, or mortgage the property without the other’s consent. This means big decisions must be made together, which reinforces the idea of shared responsibility.
4. Treated as One Legal Entity
Under Missouri law, spouses who hold property this way are considered a single legal “person” for purposes of ownership. This is what gives tenancy by the entirety its unique benefits and protections.
Is Tenancy by the Entirety Right for You?
Like any legal option, tenancy by the entirety has its strengths—but it may not be the best fit for every situation. Let’s look at both the pros and cons.
Advantages:
- Avoids probate for jointly owned property
- Provides asset protection; protects from one spouse’s credtiors
- Simple and commonly used by Missouri couples
- Reflects a shared financial partnership in marriage
Possible Drawbacks:
- Only available to married couples—divorce automatically ends this form of ownership
- Does not protect against debts or lawsuits involving both spouses
- May limit flexibility in blended families or second marriages
- Could complicate estate planning if either spouse wants to leave their share to someone else (like a child from a previous relationship)
How to Title Property as Tenants by the Entirety in Missouri
To create this form of ownership, it may not be enough to simply be married—you must also use the correct language in your real estate deed or other ownership documents.
In real estate deeds, it is usually good enough to identify the party as:
“John Smith and Jane Smith, husband and wife”; or
“John Smith and Jane Smith, a married couple”.
Being married at the time of titling, and using the correct language identifying the married couple as such, is usually good enough to trigger the “tenancy by entirety” form of ownership and the protections that come with it.
If your current deed doesn’t use this language, your property may be titled differently—such as joint tenancy or tenancy in common—which comes with different legal rules. The good news? A deed can usually be corrected or updated.
At The Piatchek Law Firm, we regularly help clients review and update their deeds to make sure they reflect their goals and offer the protections Missouri law allows.
How Tenancy by the Entirety Fits Into Your Estate Plan
This form of ownership can be a useful part of your estate planning, especially if your goal is to keep property between spouses and avoid probate. However, it may not be enough on its own.
For example:
- If you want to make sure your children inherit property after both spouses pass, you may also need a will, trust, beneficiary deed, or beneficiary designation.
- If one spouse has children from a prior marriage, extra planning may be required to ensure everyone is protected and the plan works the way it is intended.
- If you’re concerned about long-term care costs or creditor issues, other tools—like revocable or irrevocable trusts—might offer additional security.
This is why we take the time to understand each client’s full picture before recommending how the property should be titled. What works for one couple may not work for another.
You Deserve to Know How Your Property Is Protected
Tenancy by the entirety may sound like a technical legal phrase, but it is a hugely important concept if you are married and care about the protection and preservations of your assets.
If you’re unsure how your deed is titled—or if tenancy by the entirety is the right choice for you—we’re here to help.
If you have questions about this issue, a estate planning attorney in Springfield, MO can help you understand the legal risks and the best path forward.
Call The Piatchek Law Firm today at 417-882-5858 to schedule your consultation. Let’s talk through your goals, review your real estate deeds or current estate plan, and make sure your property is set up to best protect your family and honor your goals—both today and for years to come.
