Legal Question in Family Law in Missouri

Me and my husband want to buy a house. He wants it in his name alone. If we divorce, will the house be divided between us 50/50 ?


Asked on 8/24/12, 5:32 pm

1 Answer from Attorneys

Jennifer Rench J. Rench Law Firm, LLC | St. Louis Divorce and Mediation

Generally, in Missouri marital property is property that was acquired during the marriage regardless of how it is titled. This means that you can still have a marital interest in a piece of property if it was purchased during the marriage even if your name doesn't appear on the title. That being said, many title companies will require the spouse whose name is not on the deed to sign a Marital Waiver of Rights which may strip you of your marital rights in the house. Another caveat is that Missouri splits property equitably (fairly), not necessarily equally (50/50). While it may be fair to split the equity in the property in half, this is not always the case. As always, there are exceptions to these general rules and ways you may wish to consult with an attorney to protect your interests.

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Answered on 10/26/12, 11:33 am


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