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Missouri Marital Property Laws

All possessions acquired by a married couple after the date of their marriage is considered "marital property" and thus subject to division if the couple gets divorced. 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). Common types of marital property subject to division upon divorce include real estate or automobiles acquired after marriage.

Even when comingled with marital property, non-marital property such as inheritances are not subject to division. However, the court will assume that any comingled property that cannot be traced is marital property. 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.

As a rule of thumb, all property acquired by either spouse during the marriage is considered marital property, except:

  1. Any property received in a will, inheritance, gift, or bequest
  2. Any property acquired through an exchange with property that itself was acquired prior to the marriage (or through a will or gift)
  3. Any property acquired by either spouse following a legal separation
  4. Any property specifically excluded from marital property by written agreement, such as a legally valid prenuptial agreement
  5. 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)

Learning about Missouri marital property laws before you meet with your divorce attorney will help you and your counsel be better prepared for the process. See FindLaw's Divorce section for additional articles and helpful resources.

Code Section Missouri Revised Statutes, Section 452.330
Community Property Recognized? No
Factors Considered by the Court Before Property is Divided
  1. Economic circumstances of each party
  2. Contribution of each party to the acquisition of marital property
  3. Value of non-marital property set aside for each spouse
  4. Conduct of each party during marriage
  5. Custodial arrangements for minor children
Dower And Curtesy Dower and curtesy abolished (§474.110)

Note: State laws are constantly changing -- contact a Missouri divorce attorney or conduct your own legal research to verify the state law(s) you are researching.

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