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
[still researching]
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).
