5.69 Quantum of Interest

• Library: Real Estate Practice Deskbook (2019 Ed.)

2. (§5.69) Quantum of Interest

The prevailing view is that where two or more persons take as tenants in common under an instrument that is silent as to their respective shares, there is a rebuttable presumption that their shares are equal. See 20 Am. Jur. 2d Cotenancy and Joint Ownership § 116, at pp. 247–48 (2005). In Missouri, the districts are split, with the Western and Southern Districts recognizing the existence of the presumption while the Eastern District has been inconsistent. Compare Brooks v. Kunz, 597 S.W.2d 183, 187 (Mo. App. E.D. 1980), appeal after remand, 637 S.W.2d...