Legal Question in Family Law in Missouri

Re: TOD real estate

Whichever state has jurisdiction over your property determines what law will apply. It is possible to have a "divisible" divorce in which a court in one state may have jurisdiction to grant a dissolution of marriage, but not have jurisdiction to divide the marital property. And since it is the responsibility of a court in Missouri or Texas that has jurisdiction over the property to divide only the "marital" property, while giving each spouse his or her "nonmarital" property, it is very important into which category this condo fits.

In Missouri, property acquired by gift, bequest, devise, or descent is considered "nonmarital" property. Texas has a similar statute that classifies property acquired at any time by gift or inheritance as separate (or "nonmarital") property. There are other ways property could be "nonmarital" too.

So generally speaking, if its "nonmarital", its yours alone, and if its "marital" it is subject to division, although even that doesn't necessarily mean divided equally in half. In Missouri, property is divided equitable, not equally. There are many ways to keep a piece of marital property whole during a dissolution of marriage, one of which is by you and your spouse agreeing to do so. To be fair, this usually means giving something up that you would otherwise have a marital interest in.

Although I cannot comment as to your situation in particular, I would suggest that if you would like to keep your condo and you sense that your husband would oppose it, retain legal counsel.