The division of property is one of the most contentious and time-consuming issues in a divorce, which makes it particularly important to retain an experienced Missouri divorce attorney in cases that involve complex property.
“Dual Property” State
Missouri is a “dual property” state, which means that in a divorce a couple’s assets are classified as either “marital” or “nonmarital” property. Marital property may include any property that has been acquired by either party during the course of the marriage.
In Missouri, all property acquired by either spouse subsequent to the marriage and prior to the divorce judgment is presumed to be marital property unless proven otherwise, regardless of whether the title to the property is held in one or both of the spouses’ names.
However, it is not as simple as deciding when the property was acquired for determining if the property is marital property. The presumption of marital property can be overcome in certain circumstances, and there are exceptions to the presumption of marital property. There are certain types of property that can be acquired subsequent to the marriage that are assumed under the law to be nonmarital property. It is also possible for property that was previously nonmarital property to be “co-mingled” and become reclassified as marital property.
After the court has determined which property is marital property and which property is nonmarital property, the court will set apart to each spouse his or her nonmarital property. The court will divide the marital property and marital debts “in such proportions as the court deems just after considering all relevant factors.”
Therefore, martial property is not necessarily divided equally between the spouses but rather shall be divided as the judge determines is fair after considering all of the factors involved in the divorce.
How We Can Help
The division of marital property is potentially a very complicated process, but the Galmiche Law Firm has the knowledge and experience to assist you in pursuing an advantageous property division by either settlement or a contested trial. Our law firm has a track record of effectively representing clients with the division of complex and substantial marital property involved in their divorces, including matters involving:
High value property.
Businesses and business ownership interests.
The division of pension and 401(k) plans.
Qualified Domestic Relations Orders.
…and many other complex property.
Contact the Galmiche Law Firm
At the Galmiche Law Firm, we are proud of our ability to pursue an advantageous result in matters involving the division of complex and high value property during divorce proceedings for our clients. Please contact us to schedule a free initial consultation and case evaluation to discuss the particulars of your situation and determine the best way to protect your property during your divorce. We can be reached at (636) 532-2300 or click here.