Division of Property and Debts Whats the general rule of property division (equitable distribution, community property, or legal title)?
Courts grant equitable distribution in Missouri. Unlike child custody determinations, misconduct of a party (infidelity, illegal activity, etc.) can be a factor in determining property settlement. Property is divided into two broad categories, marital and separate. Separate property, in general, is property a party owns prior to marriage, or obtained during marriage by gift or inheritance, or by the agreement of the parties. Marital property is all else. There is a presumption of marital property if the property is acquired during marriage, regardless of whose name is on the title. Courts can divide marital property in any way deemed by the Court to be “equitable.” This generally can be appealed only if the division is NOT equitable, a very difficult notion to prove. As a result, property division is rarely overturned. If a party can “trace” separate property, it will likely remain separate, and thus not divisible by the Court. This means, for example, that if a party sells a home ac
Related Questions
- Division of Property and Debts Whats the general rule of property division (equitable distribution, community property, or legal title)?
- What’s the general rule of property division (equitable distribution, community property, or legal title)?
- What is the general rule of property division (equitable distribution, community property, or legal title)?
