Section: 451.0250 Married persons to hold real and personal property as separate property--liable for what. RSMO 451.250


Published: 2015

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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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