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Home Our Blog Property Division: Marital v. Separate Property

Property Division: Marital v. Separate Property

By Steve Bardol on June 18th, 2013 in blog, property division

Property Division: What is the Difference?

When it comes to property division, The state of Missouri is an equitable distribution state. While most people think this means their property will be split exactly 50/50 during a divorce, equitable distribution can be best defined as “what the court considers fair”.

When it comes to equitable distribution, the court considers numerous factors, including:
-The economic situation of each spouse.
-Contributions of each spouse to the acquisition of marital property (including contributions as a homemaker)
-Conduct of parties during the marriage.
-Custodial situation of the children, if any.
According to MO statutes, marital property is all property acquired by either spouse subsequent to the marriage. Exceptions incluude:
– Property gifted, bequested, devised,or descended.
-Property acquired by exchange for the above-listed property.
-Property acquired by either one of the spouses after a Decree of Legal Separation.
-Property excluded by a valid written agreement of the parties.

It should be noted that a gift from one party to the other is considered separate property, for example, an engagement ring. If a party wishes to take claim to property that he/she claims was separate before the marriage, it is his/her burden to trace the property back to its original state. However, case law in Missouri has established that this is very difficult to do, given the threshold for proof is “by clear and convincing evidence” in this matter.

Where do I go from here?

The above definitions and guidelines are a good starting point when thinking about a divorce or a pre-nuptial agreement. Contact a local attorney for a more in-depth strategy on property division.

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Bardol Law Firm

34 North Gore Ave., Suite 203
St. Louis, MO 63119
(314) 918-0100

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  • About
  • Attorneys
    ▼
    • Stephen J. Bardol
    • Ann Vatterott Bruntrager
  • Practice Areas
    ▼
    • Divorce
      ▼
      • 50 Divorce Tips
      • Divorce in Missouri
      • High Net Worth Divorce
      • Mediation
      • Name Change
    • Family Law
      ▼
      • Child Custody
        ▼
        • Guardianship
        • Family Access
      • Child Support
      • Spousal Support
      • Modifications
      • Legal Separation
      • Family Law in Missouri
        ▼
        • Family Law Tips
      • Paternity
      • Grandparent Rights
    • Prenuptial Agreements
    • Adoption
      ▼
      • Agency Adoptions
      • Private Adoptions
      • Stepparent Adoptions
      • Interstate Adoptions
      • Grandparent Adoptions
      • International Adoptions
    • Orders of Protection
      ▼
      • Full Order of Protection
      • Ex Parte Order of Protection
      • Adult Order of Protection
      • Child Order of Protection
      • Foreign Order of Protection
      • Modifying of Order of Protection
      • Renewal of Order of Protection
  • Resources
    ▼
    • FAQs
    • Our Blog
    • Missouri Divorce Law
    • Child Support Calculator
    • Forms & Checklists
    • Family Law Links
    • Family Law Glossary
    • Circuit Courts Contact Information
    • Domestic Violence Corner
  • Start Here
  • Testimonials
  • Contact Us