Marital Rights in Missouri
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
[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).
- 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.
