Marital Rights in Missouri
Contents
Overview
A non-titled spouse in Missouri should join in a conveyance under two circumstances: (1) there is a pending divorce between the owners, and (2) the conveyance is not an arm's length transaction. A non-titled spouse does not need to join in a security instrument if it is a bona fide mortgage deed regardless of whether it is a purchase money mortgage or a refinance of an existing mortgage.
Common Law
Curtesy and Dower have both been abolished in Missouri since 1955. MO Rev Stat § 474.110.
Community Property
N/A.
Homestead
N/A.
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. MO Rev Stat § 474.150 (2017).
Joinder Language
- "[name] (wife or husband) of said Grantor, joins as Grantor and releases all rights by descent and all other rights" or similar language within the testimonium clause conveys any and all interests of the joining spouse to the property described in the deed or other instrument. Me. Rev. Stat. tit. 33, § 772-A.
