Difference between revisions of "Marital Rights in Missouri"

Revision as of 18:47, 1 August 2018

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).

Joinder Language

Cross-References

Missouri

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 ==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==