Missouri Property Division Laws - FAQs

Dividing property fairly in a Missouri divorce can be complicated. The State of Missouri follows the equitable distribution approach, which means that a judge will divide assets based on what is fair and reasonable, not necessarily what is equal. Many factors come into play when judges make these decisions. Our Missouri family law attorneys can help you understand what is considered marital property and how the courts divide it, and we will work to protect your interests throughout the process.

Does Missouri Recognize Common Law Marriage?

No, Missouri is not a common-law marriage state. That said, if you entered into a valid common law marriage in another state, Missouri will recognize it thanks to the Constitution’s Full Faith and Credit Clause.

Cohabitation occurs when unmarried partners live together. It is a necessary part of common law marriage in some states, but not Missouri. Cohabiting couples do not have any particular legal rights under Missouri law.

Is Missouri a Community Property State?

Missouri is not a community property state in a divorce. Missouri is an equitable distribution state, which means that property will be divided by the court in a manner that is fair to both parties but not necessarily equal. Also, property in Missouri can be defined as either marital or nonmarital.

According to Missouri property division laws, in a proceeding for divorce or legal separation, if the parties cannot agree on the division of their assets, the court steps in and makes the decision for them.

In doing so, the court must first determine which assets are marital and which are non-marital (separate) property of each party.

What Is Considered Marital Property in Missouri?

Marital property in Missouri is defined as any property acquired by either spouse subsequent to the marriage except:

1. Property that was acquired by gift, bequest (received in a will), devise (received in a will), or descent (inheritance);
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 between the parties (for example, a prenuptial agreement); and
5. The increase in value of property acquired prior to the marriage or pursuant to any of the means in 1-4 above unless marital assets (i.e., labor) have contributed to this increase and then only to the extent of such contributions (Therefore, the increase in value of any non-marital property is marital to the extent the other spouse contributed to its increase.).

Any property acquired after the marriage and before a decree of legal separation or divorce is presumed to be marital (excluding the exceptions listed above), regardless of how the property is titled, according to Missouri property division laws.

For example, it is irrelevant if the property is titled in only one individual’s name. The only way to overcome this presumption that the property is marital in Missouri is to show that the property was acquired in one of the ways listed above.

What Is Considered Non-Marital Property in Missouri?

Non-marital property in Missouri, however, is not considered marital merely because it has become commingled with marital property. For example, money acquired by one spouse through an inheritance placed into a joint checking account does not necessarily convert this money into marital property.

The key is to be able to prove to the court which portion of the money is non-marital and which part is marital. If the money cannot be traced to prove which portion is marital and which portion isn’t, then the court will consider all the money to be marital property.

How Is Property Divided in a Divorce in Missouri?

Once the court determines which assets are marital property, it must then determine how to divide these assets between the parties if an agreement cannot be made between the parties themselves.

The court will divide marital property in such a way as it deems just after considering all relevant factors, including:

1. The economic circumstances of each spouse at the time the division of property is to become effective;
2. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker;
3. The value of the non-marital property set apart for each spouse;
4. The conduct of the parties during the marriage (for example, extra-marital affairs can be taken into consideration when dividing property); and
5. Custodial arrangements for minor children.

After considering these factors, it is within the court’s discretion to distribute the property unevenly (but fairly) between the parties. Thus, it is in the best interests of most parties to come to an agreement between themselves regarding the division of their assets.

The Most Contentious Part of Property Division in a Missouri Divorce

Disputes frequently arise about the meaning of “equitable” in property division. An equitable division of marital property is not necessarily equal or 50/50. If the parties cannot agree on property division, the court must decide for them.

In our experience, the most contentious part of property division often involves property such as a closely held business, that is wholly or partly marital property. Spouses tend to disagree about the value of the business and the method of determining its value.

Why Work With Cordell & Cordell

Cordell & Cordell has provided legal advice and guidance to men going through divorces for over thirty years. When dealing with a complex property division, a law firm with appellate experience can be invaluable. Knowing how Missouri courts of appeal treat family law issues can help a lawyer prepare a courtroom strategy. Cordell & Cordell has that experience.

Testimonials

“Katherine Segall is an amazing attorney who helped us through a very trying time in our lives. She was a friend when I needed a friend as well as very professional and intelligent.” — Brian L.

“Everything was exceptional. I have no complaints whatsoever. [Attorney] Wesley is superhuman.” — Jon C.

We Fight For Your Fair Share

The Missouri divorce attorneys at Cordell & Cordell work to help men protect their financial interests, particularly in the face of complex asset division.

For additional information and possible legal representation for your Missouri divorce, please call (866) 323-7529 or contact the domestic litigation firm of Cordell & Cordell, a partner men can count on.