Difference between revisions of "Marital Rights in Missouri"
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==Statutory Rights== | ==Statutory Rights== | ||
| − | Missouri recognizes statutory marital interests in real property for non-titled spouses. These are referred to in the statutes as Marital Rights and in most cases require the joinder or waiver of marital rights of a non-titled spouse in any conveyance. [https://law.justia.com/codes/missouri/2017/title-xxxi/chapter-474/section-474.150/ MO Rev Stat § 474.150 (2017)]. | + | Missouri recognizes statutory marital interests in real property for non-titled spouses including property that is not the primary residence of the non-titled spouse. These are referred to in the statutes as Marital Rights and in most cases require the joinder or waiver of marital rights of a non-titled spouse in any conveyance. [https://law.justia.com/codes/missouri/2017/title-xxxi/chapter-474/section-474.150/ MO Rev Stat § 474.150 (2017)]. |
* A Non-Title Holding Spouse must execute any deed of conveyance or deed of trust. There is no civil union in Missouri. | * A Non-Title Holding Spouse must execute any deed of conveyance or deed of trust. There is no civil union in Missouri. | ||
Revision as of 06:29, 4 August 2018
Contents
Overview
Common Law
Curtesy and Dower have both been abolished in Missouri since 1955. MO Rev Stat § 474.110.
Community Property
N/A.
Homestead
In Missouri, the term homestead refers to the principal residence of the owner. There are no special filings to confirm or declare the existence of a homestead. The status of a property as a homestead exempts the property from attachment up to $15,000 except for causes of action existing at the time the homestead was acquired. The sale or voluntary encumbrance of the homestead cannot be done without the joinder of any non-titled spouse. MoRS § 513.475.
Statutory Rights
Missouri recognizes statutory marital interests in real property for non-titled spouses including property that is not the primary residence of the non-titled spouse. These are referred to in the statutes as Marital Rights and in most cases require the joinder or waiver of marital rights of a non-titled spouse in any conveyance. MO Rev Stat § 474.150 (2017).
- A Non-Title Holding Spouse must execute any deed of conveyance or deed of trust. There is no civil union in Missouri.
- Non-Title holding spouse may waive spousal rights and thereafter not sign deed, mortgage or deed of trust.
A married individual can hold property in his/her name individually. However, a conveyance without the spouse's signature is presumed to be in fraud of marital rights. The marital right involved is a right of inheritance and can only be asserted by a surviving spouse. As a result, the Company requires that the deed conveying property held in the name of one spouse must also have the other spouse's signature in order to be insurable.
