Missouri Revised Statutes













Chapter 454

Enforcement of Support Law

←454.525

Section 454.528.1

454.530→

August 28, 2015

Execution on jointly held property, when, procedure--obligor defined--parties to action--attorney's fees, assessed against whom.

454.528. 1. The interests of one or more owners of any real or personal

property held in joint tenancy with right of survivorship, or otherwise held

in any form of joint interest, except for property held in the name of a

husband and wife and no other, are subject to execution as provided in this

section for the sole purpose of enforcing judgments or orders for child

support or maintenance.



2. For purposes of this section, an "obligor" is a person who owes a

duty of support as determined by a court or administrative agency of

competent jurisdiction.



3. Any party in possession of a judgment or order for child support or

maintenance may request levy and execution from a court of competent

jurisdiction against real or personal property held by the obligor jointly

with another person as provided in this section. Unless one or more of the

joint owners presents to the court, within ten days after the return date of

the execution, a true copy of a prior written agreement setting forth the

various interests of the joint owners, or the court determines otherwise after

holding a hearing as provided for in subsection 5 of this section, it shall

be presumed that the interests of the joint owners are equal. Upon levy, the

execution shall constitute a lien against the obligor's presumed interest in

the property. Any one or more of the joint owners may obtain relief from the

lien by filing with the court a copy of a prior written agreement setting

forth the various interests of the joint owners, without the necessity of

filing a petition under subsection 5 of this section. A copy of the written

agreement shall be sent by regular United States mail to the party requesting

execution, who may challenge the validity or authenticity of the agreement by

filing a petition pursuant to subsection 5 of this section.



4. Upon being served with an execution issued pursuant to this section,

any third party in possession of jointly owned property may interplead said

property as otherwise provided by law. Commercial banks may utilize the

interpleader procedure authorized by the provisions of section 362.360. The

third party shall notify the owners of the property that the property has

been levied upon if the owners have addresses of record with the third party.



5. Either party, or any other joint owner as provided in subsection 1 of

this section, may petition the court for a determination that the interests

of the joint owners are disproportionate by filing a proper motion in the

cause of action from which the levy and execution was issued. The party

filing the motion shall have the burden of proof as to the claim that the

interests of the joint owners are disproportionate. If subject to the

jurisdiction of the court, all persons owning affected real or personal

property jointly with an obligor shall be made parties to any proceeding to

determine the respective interests of the joint owners. After a hearing on

the motion, the court shall enter an appropriate order determining the various

interests of each of the joint owners, and authorizing execution against the

obligor's share for satisfaction of the child support or maintenance

obligation.



6. The court may assess costs and reasonable attorney's fees against the

obligor, if the court determines that the obligor has an interest in the

affected jointly held property. If the court determines that the obligor has

no interest in the property, costs and attorney's fees may be assessed

against the party who requested the execution.



(L. 1986 H.B. 1479 § 3)



CROSS REFERENCE:



Roth IRA not exempt from attachment for child support and maintenance,

513.430







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