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One of the essential parts of obtaining a divorce in Missouri is dividing the property of the spouses. Some common misconceptions involving the division of marital property are that each party automatically keeps what they acquire after the parties stop living together, or that the Court often awards the vast majority of property to one party.
This article provides a basic overview of the process of property division, and the factors that a Court is required to consider.
The Court follows a two step process in dividing property. First the Court must determine which property is non-marital property and which property is marital property. The Court cannot change ownership of the non-marital property, and must set aside the non-marital property to each party. The court then must consider the factors outlined below to make an equitable distribution of the marital property.
The Court presumes that all property owned by the parties is marital property, subject to division, except for the following categories of non-marital property:
The status of property as non-marital property must be proven by “clear and convincing evidence.”
Even property that falls under one of the categories of non-marital property discussed above can at times be converted into marital property. If previously non-marital property becomes marital property during the course of the marriage it will be subject to division by the court.
There most common circumstances under which non-marital property may be converted into marital property are as follows:
Once the Court has set aside to each party their non-marital property, it may divide the marital property between the parties. The Court is required to make an “equitable” but not necessarily equal division of such property. The Court is required to consider the following five factors, and any other relevant factor, in making such determination:
There is no set formula for giving weight to the five factors, and the factors are not exclusive. The Court may actually consider any additional factors which it deems relevant. However, the factors outlined above still provide a good basis for many of the considerations that the Court is required to make.
While the Court as a general rule starts from the assumption that an equal property split is fair, any relevant factor may lead the court to conclude that a more uneven split is equitable. This is why it is important to obtain an experienced, knowledgeable attorney to represent your interests in any divorce proceeding. An attorney can help you to identify marital and non-marital property, place a value on the property, and present to the court all evidence that weighs in favor of you being awarded a greater property share.
Attorneys at Cline, Braddock & Basinger, are ready to assist you. It is our hope that you find these materials useful. When you are ready contact our offices to schedule a free consultation.
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