Hello and thank you for your question.
Since the deed was signed before you got married, you are joint
tenants only if the deed "expressly declares" that it is a joint
tenancy. I'll assume that's what your deed says.
http://www.moga.mo.gov/statutes/c400-499/4420000450.htm
Here's a lawyer who thinks even that might not be enough: "the deed or
conveyance [to people who aren't married at the time the deed is
signed] must expressly state an intention to create a joint tenancy by
noting that the property will be held not as tenants in common but as
joint tenants with rights of survivorship"
http://www.mobar.org/pamphlet/joint.htm
But reading the statute and the footnotes to it I don't think he's right.
If you were concerned you could sign a new deed to yourselves as joint
tenants with right of survivorship or as tenants by the entireties
(see below) - - now that you're married that would make it ironclad.
Anyway, the answer to your question is that if it is joint property
and he dies before you, you will become sole owner of the house and
his children will have no right to it.
"When two or more real estate co-owners hold title as joint tenants
with the right of survivorship (or as tenancy by the entireties
between husband and wife in states allowing that method), and when one
joint tenant dies, the surviving joint tenant automatically owns the
entire property.
No probate court proceedings are required. The deceased joint tenant's
will [or living trust] has no effect on joint tenancy property."
http://db.inman.com/bruss/columns/column.cfm?StoryId=030801BB4&Display=story
By the way, the same article quoted above points out that a joint
tenant can secretly transfer his title without permission of the other
joint tenant, meaning that your husband could during his lifetime
(say, tomorrow), sign a deed of his joint interest to his children
(without telling you, in effect) so unbeknownst to you you'd have them
as your joint tenant instead of him, which would be unchanged
following his death. [This is a pretty farfetched example and I
wouldn't worry about it.] The solution if you were worried about it
would be to redeed the house (now that you're married) to the two of
you as 'tenants by the entireties') Husband and wife tenants by the
entireties require concurrence by both spouses so he couldn't deed his
'half' to his children without your signature.
Ibid
The more important thing about your joint tenancy is, if you happen to
die first, your husband would then become sole owner of the house by
surviving you, and eventually he'll probably leave the whole thing to
his children at his death. [So for example if you and he were in a
car crash together, and if you died at the scene, say on Monday, and
he died in the hospital the next day, Tuesday, the house would pass
from you to him on Monday and from him to his children (unless his
will says something different) on Tuesday. So joint property is like
a game of chance- - the second-to-die gets it all, and the family of
the first-to-die gets nothing [unless the will of the second-to-die
leaves something to the family of the first-to-die].
"While a joint tenancy does provide for survivorship upon the death of
one of the joint tenants and avoids probate at that time, no
provisions are included for the disposition of the property upon the
death of the survivor."
http://www.pswlawyer.com/qa_probate.asp
A living trust (googlenut is correct - - that's what you mean) or a
pair of wills can change the result, but only if you also deed the
property out of joint name and make it tenants-in-common instead. But
if all you're concerned about is what happens if your husband is the
first to die, the joint tenancy that you already have does the job.
Search terms used:
missouri joint tenancy children deed
missouri statutes
Thanks again for letting us help.
Google Answers Researcher
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