Summary of Division of Property in Missouri

Missouri is referred to as an “equitable distribution state”. Missouri Revised Statute recognizes two forms of property ‘marital property’ and ‘non-marital property’ (separate property). The marital property and debts will be distributed equitably amongst the spouses in a divorce. Take note that the word 'equitable' does not necessarily mean equal division of marital property but seems fair and just under the circumstances.

What is “marital property”?

The term "marital property” is defined under sub- section (2) of Section 452.330 of the Missouri Revised Statutes. It means all property acquired by either of the party during marriage other than (a) property acquired by way of gift, inheritance, devise or descent, (b) property acquired prior to marriage or in exchange for property acquired by way of gift, inheritance, devise or descent, (c) property acquired after the spouses have been legally separated by the court's order, (d) property that has been excluded under a written agreement between the spouses.

All property acquired by either spouse subsequent to the marriage and prior to a decree of legal separation or dissolution of marriage is presumed to be marital property regardless of the fact that the title of the property is in the name of one of the spouses, or there is co-ownership held, such as under joint tenancy, tenancy in common, tenancy by the entirety and community property. For any acquired property to be held as non-marital property or separate property, it needs to proven that it is falling under any of the four categories as mentioned under sub-section (2) of Section 452.330 of the Missouri Revised Statutes.

The court will consider at least five factors when considering equitably dividing of marital property. These include:

• • economic circumstances of each spouse, desirability to be award family home or the right to live in the family home for specified period if the spouse is to get the custody of the child;
• • contribution of each spouse in acquiring of marital property and contributions of spouse as a homemaker;
• • value of non-marital property of each spouse;
• • conduct of the spouses during marriage;
• • custodial arrangements made for the child