Title · TX, FL, MORight of survivorship on a deed: how co-buyers take title in Texas, Florida and Missouri

When two or more people buy a home together, the words on the deed decide what happens if one of them dies – and the default in all three states is no survivorship. Texas: if joint owners hold property and one dies before severance, that owner's interest does not pass to the others; it passes by will or intestacy (Estates Code §101.002). Joint owners may agree in writing that a deceased owner's interest survives to the others, but that agreement can't be inferred just from joint ownership (§111.001). For spouses' community property, the rules are in chapter 112: spouses may agree that all or part of their community property becomes the survivor's; the agreement must be in writing and signed by both, and phrases such as 'with right of survivorship' or 'will become the property of the survivor' are enough (though not required); it takes effect without a court adjudication and can be revoked as the agreement provides or by a written instrument signed by both, or signed by one and delivered to the other (§§112.051–112.054). Florida: the common-law right of survivorship between joint tenants doesn't apply; except for estates by the entirety, a conveyance to two or more creates a tenancy in common unless the instrument expressly provides for survivorship, and spouses holding by the entirety become tenants in common on divorce (§689.15). A spouse who holds title can create an estate by the entirety by deeding to the other spouse with that purpose stated, or by deeding to both spouses (§689.11(1)). Missouri: an interest granted to two or more people – other than executors, trustees and a husband and wife – is a tenancy in common unless the deed expressly declares a joint tenancy (RSMo 442.450), and an owner can deed to themselves and others to create a joint tenancy, tenancy by the entirety or tenancy in common with the same effect as a deed from a stranger (442.025).