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According to Missouri property division laws, in a proceeding for divorce or legal separation, if the parties cannot come to an agreement regarding the division of their assets, the court steps in and makes the decision for them. In doing so, the court must first determine which assets are marital and which are non-marital, or separate property ...
In Missouri, there are two main approaches to dividing marital property in a divorce case: Community Property and Equitable Distribution. 1. Community Property – In states that follow the community property approach, all assets and debts acquired during the marriage are considered joint property and are divided equally between both spouses in ...
Oct 21, 2021 · Missouri follows a dual-property system. This means that your properties generally fall into two categories: Marital and Non-marital property. Marital property is property or assets acquired by either or both parties during the marriage. On the other hand, separate property refers to property or assets acquired by either spouse before marriage.
Jun 29, 2022 · How A Prenuptial Agreement Affects Division of Property. In Missouri, a prenuptial agreement is enforceable. This means that if you and your spouse have signed one before marriage, the court can uphold it in the event of divorce. People can use prenuptial agreements to avoid community property division and equitable distribution.
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No, Missouri isn't a community property state. As in most states across the U.S., division of property in Missouri is controlled by the principle of "equitable distribution." With equitable distribution, judges will divide all of a couple's marital property (and allocate their marital debts) based on the judge's decision as to what is fair to ...
Jul 14, 2021 · Property division can be one of the most difficult parts of the divorce process, especially if property gets commingled. When it comes time to divide your property in a divorce, you have two options: reach a property agreement with your spouse or let a judge decide for you. Today, we discuss the basic of property division in Missouri and what ...
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Is Missouri a dual-property state?
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Is Missouri a community property or equitable distribution state?
Missouri only allows community property to be eligible for division during a divorce. Understanding Equitable Division. In Missouri, your property is available for division through a process known as equitable division. Equitable division means that your property will be divided in a manner that is fair for each spouse. This does not guarantee ...
