Legal Question in Family Law in Missouri
Divorce property settlement
In Missouri, when a couple gets a divorce, are both spouses entitled to 1/2 of ALL the property even though it is not in both names. For example: my husband owned a rental house before we were married and I helped him pay the mortgage in full since we've been married. Also, he has inherited a large sum of money which he has in CDs in his name only. If we get a divorce, am I entitled to 1/2 of the rental house and his inheritance?
1 Answer from Attorneys
Re: Divorce property settlement
The law in Missouri controlling the division of property is found in the statutes and the cases interpreting those statutes. An attorney would need to interview you in depth and obtain all available information regarding the property in order to give you individual legal advice. However, generally speaking, the law sets aside to each person in a divorce his or her "separate property". This would include property owned before the marriage, inherited property, property received by gift, and certain other items. The law then provides for the Court to divide the "marital property", which very generally speaking is property acquired by either party or both parties after the marriage, and not by gift or inheritance. The law does not require a 50-50 split, but rather sets out several factors for the Court to consider in making a fair division of marital property. Also, you may be entitled to something based upon your contributions even towards payment on a piece of "separate property". The analysis and computation of a person's legal interest in property within the divorce framework can be a complicated matter. I would strongly suggest that you consult with competent, experienced legal counsel in your area. If you are not already represented by legal counsel, you may call me for a free telephone consultation at 314-727-2822.