Legal Question in Real Estate Law in Missouri
Can I own my home by myself if I am married in Missouri?
I recently married in 2004. At the time, I owned my home and my present wife had no monetary interest in it. A real estate agent has told my wife that when we married, she became an equal co-owner of the real property.
Is this true, or am I still the sole owner, since I have not signed papers to have her as the co-owner?
1 Answer from Attorneys
Re: Can I own my home by myself if I am married in Missouri?
If you owned the home prior to marriage, that remains non-marital property of yours, until you execute a deed granting her an interest in the property. However, if her income after marriage has been applied to the payments or maintenance of the home since you were married, she may have an interest to the extent her money has been used. She did not receive any automatic righ to half of the home upon marriage. Missouri law doesn't work that way.
This also illustrates why I advise everyone to consult an attorney whenever they are dealing with real estate; Real Estate agents aren't licensed to practice law and shouldn't be advising people of their legal rights.
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