Protecting Your Interests In Missouri Property Division
In every divorce, property owned by the spouses needs to be divided. The parties, or a court, need to decide questions such as who gets the house? Who gets the lake cabin? How are retirement accounts and investments divided?
When you divorce in Missouri, it is important to understand how the marital property laws work. From marital to nonmarital and separate property, and real property to personal property, you need to know what you are entitled to so you are not taken advantage of by your spouse or the court system.
Making Sure You Get What You Deserve
At Martsching Law Firm, LLC, I am a lawyer who has been practicing family law in the Greater Kansas City area since 1998. My goal in every case is to make sure my client’s needs are taken care of and that they get what is rightfully theirs under Missouri law.
As an experienced attorney, I take a hands-on approach to every case. I get to know my clients and understand their needs, which gives me a greater ability to represent their interests when dividing property. I know what is important to my client, what is important to fight for and what is less important, as well as what I can use as leverage to obtain other property.
I will explain the property types and how that relates to your situation.
- Marital property – Property acquired by either spouse during the marriage is generally considered marital property and divided equitably between the parties.
- Nonmarital property – Property acquired by either spouse before marriage, as well as certain property acquired during the marriage (including some inheritances and gifts), is considered nonmarital and not divided in a divorce.
- Comingled property – This is a mixture of marital and nonmarital property, which must be sorted out to fairly compensate a spouse for their contribution to the property.
Frequently Asked Questions About Property Division
Property division laws can be confusing at first. Please take a look at the questions below.
How is property divided in a divorce in Missouri?
Missouri follows the law of equitable distribution. This means that marital property will be divided equally. That does not mean it is guaranteed to be a 50/50 division. The court decides what is fair in each situation, and that may mean allocating more assets to one person.
Why is moving out the biggest mistake in a divorce?
Leaving the marital home before a divorce is finalized may have a negative impact on child custody and property division. It may also begin spousal support earlier, which can make it more difficult to contest ongoing support.
The court may view moving out as a lack of dedication to any children you have, which can complicate the custody case. Moving out also often means that you have to pay rent and other household expenses for two properties.
However, if you are not safe at home, moving out may be the right decision.
What assets are untouchable in a divorce?
Any property or assets that are considered separate or nonmarital property are typically not divided in a Missouri divorce. This can include anything that the person owned prior to the marriage or that they acquired during the marriage via inheritance or as a gift.
When a nonmarital asset is comingled with a marital asset, however, it is no longer considered separate property.
Understand Your Rights – Know What Is Yours
I often see clients who have received incorrect information about property division – either through friends, family or the internet. They have been misled about what property they are entitled to.
I will let you know your rights and straighten out any misconceptions so you are not taken advantage of. For help, contact me at my Liberty, Missouri, office by calling 816-832-2555 or sending me an email.