Learn More About Missouri Marital Property Laws from a Lawyerįiguring out how marital property might be divided on divorce is a good first step in any divorce process and can help you see the big picture before getting into the weeds. Missouri Marital Property Laws: Related Resources While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. ![]() Custodial arrangements for minor children.Value of non-marital property set aside for each spouse.Contribution of each party to the acquisition of marital property.The court has discretion to ensure a "just" result when dividing marital property, but must consider all relevant factors, such as: Missouri Revised Statutes Section 474.110 (abolishing dower and curtesy)įactors Considered by the Court Before Property is Divided Missouri Revised Statutes Section 452.330 (factors considered in disposition of property) For more information on the specific marital property laws in Missouri, see the chart below. Learning about Missouri marital property laws before you make any major decisions will help to prepare you for your next steps. Missouri Marital Property Laws At A Glance Any increase in the value of property (see 1-4 above) acquired prior to marriage, unless marital assets were used to increase this value (for example, the labor of the other spouse).Any property specifically excluded from marital property by written agreement, such as a legally valid prenuptial agreement and.Any property acquired by either spouse following a legal separation.Any property acquired through an exchange with property that itself was acquired prior to the marriage (or through a will or gift).Any property received in a will, inheritance, gift, or bequest.For example, if you cashed an inheritance check and then deposited that cash into a joint checking account - but didn't retain any receipt or record of the inheritance - it may be included with marital property.Īs a rule of thumb, all property acquired by either spouse during the marriage is considered marital property, except: ![]() However, the court will assume that any comingled property that cannot be traced is marital property. ![]() Common types of marital property subject to division upon divorce include real estate or automobiles acquired after marriage.Įven when comingled with marital property, non-marital property such as inheritances are not subject to division. Additionally, any debt accrued together also becomes subject to division during divorce (which typically does not include debt incurred under just one party's name). All possessions acquired by a married couple after their marriage date are considered "marital property" and thus subject to division if the couple gets divorced.
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