MO Court of Appeals: Adding Spouse To Property Turns Property Into Marital AssetJune 30, 2012
A divorce case dividing assets reviewed by the Missouri Court of Appeals last week determined a farm that had belonged to the husband became marital real property after the wife’s name was added to it.
The case, JJ v EJ Missouri Court of Appeals, decided June 19 in the Western District of Missouri decided that when the husband added the wife’s name to a farm in his possession, the farm became part of their marital property. It stayed marital property when it was later placed into a trust by the two of them.
Ms. Jenkins argued that because her name was placed on the title, Mr. Jenkins had given her half of the farm as a gift and it therefore became her separate non-marital property. The court did nor agree with her and sided with the lower court.
The court also found that the lower court erred in finding the wedding rings to be marital property, but were instead non-marital property.
If you are facing a divorce, we understand it can be a long and difficult process. You need an experienced Missouri family lawyer who can help guide you through the process. Call me today for your free, initial consultation.