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How do Missouri courts handle property division in a divorce?

On Behalf of | Jul 27, 2021 | Firm News |

A Missouri court will divide your property in a divorce equitably, which just means it will do so fairly. The Revisor of Missouri explains the court looks at various factors to make a determination of what fair means in your particular situation.

In general, the court tries for an even distribution of assets, but this may not always happen.

Marital and separate property

The court will always consider ownership before dividing assets. Marital property is that which you and your spouse obtained during the marriage. Separate property is that which you owned prior to the marriage and did not commingle with your marital property. For example, if you owned an antique car before marriage, but you used money from a joint bank account to fund restoring it, then the court may determine it is now marital property.

Sometimes it can get complex to divide the property into two categories because of the comingling aspect.

Factors influencing division

The court will look to ensure property division creates a fair end result for you and your spouse. The judge will consider various factors, such as your individual financial situations, contributions you made to the marriage and the value of the property you own separately.

The court may also look at conduct during the marriage and who will have the majority custody of the children.

The way the court divides your marital property will largely depend on what the court sees as fair based on the circumstances. This means there may not always be an even split of assets. The court’s ruling on the matter is final.