Marital Property Question

[Adverse]

Jurisdiction

Missouri

What needs to be done so that one spouse remains the sole owner of real estate acquired by them, and it does not become marital property?

I'll keep it simple for now.

 

[Zigner]

What needs to be done so that one spouse remains the sole owner of real estate acquired by them, and it does not become marital property?

I'll keep it simple for now.

They need to consult with an attorney to make sure that their property is properly titled so that it does not become marital property.

 

[Adverse]

They need to consult with an attorney to make sure that their property is properly titled so that it does not become marital property.

By that are you saying that if there is just one name on the deed, it is wholly owned by that person, it does not become marital property? And if she records a beneficiary deed, the other spouse will never have a claim to it?

 

[Adverse]

I am concerned when I see this:

A spouse that is not listed on a deed to a Missouri homestead must sign the deed to validly transfer the property. In other words, neither spouse can sell the marital homestead without the other spouse joining in the deed—even if only one spouse officially owns the property.

So, the "non-owning" spouse would have to execute a beneficiary deed along with the "owning" spouse.
- - - - - -
The property in question is being purchased with the proceeds of an inheritance, and in Missouri you can keep an inheritance from being marital property if you properly account for it.

 

[Adverse]

From the Missouri statutes, emphasis added by me:

2. For purposes of sections 452.300 to 452.415 only, "marital property" means all property acquired by either spouse subsequent to the marriage except:

(1) Property acquired by gift, bequest, devise, or descent;

(2) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

(3) Property acquired by a spouse after a decree of legal separation;

(4) Property excluded by valid written agreement of the parties; and

 

[Adverse]

So, it appears I have answered my original question.

Thank me very much.

 

[army judge]

So, it appears I have answered my original question.

Thank me very much.

Great you solved your issue to your complete satisfaction, I'll close your thread.