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What is considered marital property in Missouri?

11847067_S.jpgWhen two people get married, they expect that they will spend the rest of their lives together, and they often begin to build that life by accruing assets. A new bed in which to sleep together, a new house to raise their family, a new car to take the children to soccer practice, these are all things that married couples might buy to accommodate their new life. But not all marriages last, and in the event of a divorce, the question of who gets what suddenly becomes significant.

In the event of a divorce, each party generally keeps the property that belonged to him or her before the pair were married. Courts will not divide these assets between the two parties, instead separating only the marital property based on certain circumstances. However, in Missouri, nearly all assets that are purchased during a marriage are considered marital property, even if one party purchased the item specifically for himself or herself. For example, if a man buys himself a Jacuzzi without his wife's knowledge, even if the wife never once used the Jacuzzi, it could still be given to her as part of the asset division.

There are some properties that are exempt from this precedent of marital property, including assets received through inheritance, exchanging personal property that was possessed before the marriage, property that is exempted by written agreement between the couple, and a few other specific examples. Still, when it comes to marital property, it can be difficult to tell exactly who is going to get what.

One of the most effective ways to help you take a stand on asset division in your divorce is to enlist the aid of an attorney. The courts consider many different factors when it comes to asset division, and proving that you deserve a particular asset or set of assets can increase your chances of walking away from the marriage with those properties.

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  • Saint Louis County: 120 S. Central Ave., Suite 450, Clayton, MO 63105: Clayton Office
  • West County: 16024 Manchester Rd., Suite 103, Ellisville, MO 63011: Ellisville Office
  • Jackson County: 256 NE Tudor Rd., Lee's Summit, Missouri 64086: Lee's Summit Office
  • Jefferson County: 16 Municipal Drive, Suite C, Arnold, MO 63010: Arnold Office
  • St. Charles County: 2268 Bluestone Drive, St. Charles, MO 63303: St. Charles Office
  • Franklin County: 5 S. Oak St. Union, MO 63084: Union Office
  • Lincoln County: 20 Centerline Drive, Troy, Missouri 63379: Troy Office
  • Boone County: 1506 Chapel Hill Rd., Suite H, Columbia, MO 65203: Columbia Office
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  • St. Clair County: 115 Lincoln Place Ct., Ste. 101, Belleville, IL 62221: Belleville Office
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  • Sangamon County: 400 S. 9th St., Suite 100, Springfield, IL 62701: Springfield Office
  • McLean County: 1012 Ekstam Drive, Suite 4, Bloomington, IL 61704: Bloomington Office
  • Johnson County: 7300 West 110th Street, Suite 560, Overland Park, KS 62210: Overland Park Office
  • Sedgwick County: 2024 N. Woodlawn Street, Suite 407, Wichita, Kansas 67208: Wichita Office
  • Shawnee County: 800 SW Jackson Street, Suite 812, Topeka, Kansas 66612: Topeka Office
  • Tulsa County: 6660 S. Sheridan Road, Suite 240, Tulsa, Oklahoma 74133 Tulsa Office
  • Monroe County: 116 W. Mill St., Waterloo, IL 62298 (by appt. only): Waterloo Office
  • St. Louis City: 100 S. 4th St., #549, St. Louis, MO 63102 (by appt. only): St. Louis Office
  • Jackson County: 2300 Main St., #948, Kansas City, MO 64108 (by appt. only): Kansas City Office

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