Legal Question in Family Law in Missouri

If our house is financed in my husbands name only but my name is on the deed will it still be a 50/50 split in a divorce in the state of Missouri

Asked on 10/03/13, 8:29 pm

2 Answers from Attorneys

Mel Franke Mel G. Franke, Attorney at Law

It all depends upon the facts.

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Answered on 10/04/13, 12:07 pm

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

In Missouri, property is defined most generally as either marital if it was acquired after the marriage and separate if it was acquired prior to the marriage. Notice I did not say that it is defined by how it is titled. Of course there are some major exceptions to this general rule, too many to list in this type of a forum. It is also possible to convert separate property to marital property, or for a piece of property to be part marital and part separate. Once you determine if the home is marital, or if a part of it is marital, then we say that marital property is subject to equitable division. Equitable does not necessarily mean equal (i.e. 50/50). Equitable just means fair. Sometime a 50/50 split of marital property is fair, sometimes it is not. The facts you have given are not nearly enough to make a determination as to if the equity in the home will be split 50/50. It is always best that you contact a lawyer directly to get professional advice on what can be a very complex matter. Feel free to contact me directly if you need further help.

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Answered on 10/07/13, 10:18 am

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