Section 42 Quantum of Interest
| Library | Real Estate Fundamentals 2011 |
Many jurisdictions seem to recognize that two or more persons who take as tenants in common under an instrument that
is silent as to their respective shares take equal shares. See 20 Am. Jur. 2d Cotenancy and Joint Ownership § 32, at p. 162 (2005). While acknowledging the logic and fairness of this presumption, Missouri has not historically recognized it and has, in such cases, required evidence of the proportionate contribution of each of the grantees to the acquisition of the property. Brooks v. Kunz, 597...
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