I often get questions about how married couples can hold property together and protect their assets. One option in Missouri is tenancy by the entirety. It’s a special way for spouses to own property, and it comes with some unique benefits.
What Is Tenancy by the Entirety?
In Missouri, tenancy by the entirety (TBE) is a form of property ownership available only to married couples. When you and your spouse buy a home, land, or even a bank account and title it as tenants by the entirety, you’re not seen as two separate owners. Instead, the law views you as a single unit—like one legal “person.” This is different from other types of ownership, like joint tenancy or tenancy in common, because it’s rooted in the idea of marital unity.
To create a tenancy by the entirety in Missouri, the property deed or title must explicitly state that it is held this way (or strongly imply it through language showing you’re a married couple taking ownership together). Under current law, a deed that names grantees who are in fact husband and wife creates a rebuttable presumption of TBE even though the deed does not expressly state their marital status.
One of the biggest perks of TBE is its built-in shield against creditors. If one spouse racks up personal debt—like credit card bills or a business loan—creditors generally can’t touch property held as tenants by the entirety to satisfy that debt. Why? Because the property belongs to the “marital unit,” not the individual spouse. However, if both spouses owe the debt (like a joint mortgage), this protection doesn’t apply. This feature can give peace of mind, especially if one spouse runs a business or faces financial risks.
Another perk is when one spouse passes away, the surviving spouse automatically inherits the property—no probate needed. This is similar to joint tenancy with right of survivorship, but TBE takes it a step further by tying it to the marriage. It’s a seamless way to ensure your spouse keeps the home or other assets without the hassle and cost of probate court.
For couples who want to keep things straightforward, TBE can reduce the need for complex trusts or wills to pass property to each other. It’s a built-in estate planning tool that works as long as you’re married. Of course, it’s still advised to have a broader estate plan for other assets or to cover what happens after the surviving spouse passes.
In conclusion, TBE is a powerful tool for Missouri couples looking to protect their property and simplify their estate plans. If you’re buying a home or setting up accounts with your spouse, ask yourself: could tenancy by the entirety work for us?
