Missouri Revised Statutes
Chapter 451
Marriage, Marriage Contracts, and Rights of Married Women
←451.240
Section 451.250.1
451.260→
August 28, 2015
Married persons to hold real and personal property as separate property--liable for what.
451.250. 1. All real estate and any personal property, including rights
in action, belonging to any man or woman at his or her marriage, or which may
have come to him or her during coverture, by gift, bequest or inheritance, or
by purchase with his or her separate money or means, or be due as the wages
of his or her separate labor, or has grown out of any violation of his or her
personal rights, shall, together with all income, increase and profits
thereof, be and remain his or her separate property and under his or her sole
control, and shall not be liable to be taken by any process of law for the
debts of his wife or her husband.
2. This section shall not affect the title of any husband or wife to any
personal property reduced to his or her possession with the express assent of
his or her spouse; provided, that said personal property shall not be deemed
to have been reduced to possession by the husband or wife by his or her use,
occupancy, care or protection thereof, but the same shall remain his or her
separate property, unless by the terms of said assent, in writing, full
authority shall have been given by the husband or wife to the spouse to sell,
encumber or otherwise dispose of the same for his or her own use and benefit,
but such property shall be subject to execution for the payments of the debts
of the spouse contracted before or during marriage, and for any debt or
liability of his or her spouse created for necessaries for the spouse or
family; and any such married man or woman may, in his or her own name and
without joining his or her spouse, as a party plaintiff institute and
maintain any action, in any of the courts of this state having jurisdiction,
for the recovery of any such personal property, including rights in action, as
aforesaid, with the same force and effect as if such married man or woman was
* not married; provided, any judgment for costs in any such proceeding
rendered against any such married spouse, may be satisfied out of any
separate property of such married spouse subject to execution; provided, that
before any such execution shall be levied upon any separate estate of a
married spouse, he or she shall have been made a party to the action, and all
questions involved shall have been therein determined, and shall be recited
in the judgment and the execution thereon.
(RSMo 1939 § 3390, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 3003; 1919 § 7328; 1909 § 8309
*Word "a" appears in original rolls.
1991
1991
451.250. 1. All real estate and any personal property,
including rights in action, belonging to any woman at her
marriage, or which may have come to her during coverture, by
gift, bequest or inheritance, or by purchase with her separate
money or means, or be due as the wages of her separate labor, or
has grown out of any violation of her personal rights, shall,
together with all income, increase and profits thereof, be and
remain her separate property and under her sole control, and
shall not be liable to be taken by any process of law for the
debts of her husband.
2. This section shall not affect the title of any husband to
any personal property reduced to his possession with the express
assent of his wife; provided, that said personal property shall
not be deemed to have been reduced to possession by the husband
by his use, occupancy, care or protection thereof, but the same
shall remain her separate property, unless by the terms of said
assent, in writing, full authority shall have been given by the
wife to the husband to sell, encumber or otherwise dispose of the
same for his own use and benefit, but such property shall be
subject to execution for the payments of the debts of the wife
contracted before or during marriage, and for any debt or
liability of her husband created for necessaries for the wife or
family; and any such married woman may, in her own name and
without joining her husband, as a party plaintiff institute and
maintain any action, in any of the courts of this state having
jurisdiction, for the recovery of any such personal property,
including rights in action, as aforesaid, with the same force and
effect as if such married woman was a femme sole; provided, any
judgment for costs in any such proceeding rendered against any
such married woman, may be satisfied out of any separate property
of such married woman subject to execution; provided, that before
any such execution shall be levied upon any separate estate of a
married woman, she shall have been made a party to the action,
and all questions involved shall have been therein determined,
and shall be recited in the judgment and the execution thereon.
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