Missouri Divorce & Family Law Blog

Missouri Divorce & Family Law Blog

for Missourians struggling with divorce and family law matters

Category Archives: Property Division

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Missouri Supreme Court Decision: Spouse’s Contribution to Separate Property Creates Marital Interest In Property Which May Be Divided by Trial Court

Posted in Assets and Debts, Divorce, Financial Issues, Legal Separation, military divorce, Pre-Nuptial Agreements, Property Division
In a recent decision by the Supreme Court of Missouri, the Court held that a spouses contribution to otherwise separate property creates a marital interest that can be divided by the Court.  In Missouri, property that was owned prior to the marriage is generally considered to be separate, non-marital property.  Separate property is awarded to the… Continue Reading

Bankruptcy Filings Up Substantially in 2009

Posted in Assets and Debts, Child Support, Divorce, Financial Issues, military divorce, Military Family Law, Property Division
As a practicing family and bankruptcy attorney, I consistently run into cases where people are dealing with both a divorce (or other family law related matter), as well as a bankruptcy.  This is because, many times, one is the cause of the other (this works both ways), and the cases often go hand in hand. That is probably no surprise… Continue Reading

The Financial Aspects of Divorce: Why It usually IS “All About The Money”

Posted in Alimony / Maintenance, Assets and Debts, Child Abuse, Divorce, Financial Issues, Legal Separation, military divorce, Property Division, Retirement Plans and Division
I can’t think of how many times that I have had a client tell me, regardless of what the issue is that is in dispute, that the opposing party is “just worried about money” or that it is “all about the money” for him or her, and that is their sole motivation in the case. Or maybe… Continue Reading

Division of Personal Injury Settlements in Missouri Divorce

Posted in Alimony / Maintenance, Assets and Debts, Divorce, Financial Issues, Property Division
In a divorce proceeding, a personal injury settlement can be a major asset that will have to be divided between the parties. Missouri uses the "analytical" approach to determine whether the settlement proceeds are marital, non-marital, or both. In a marriage dissolution proceeding, the trial court uses a two-step process for dividing property. The trial… Continue Reading

Domestic Support Obligations and Bankruptcy

Posted in Alimony / Maintenance, Assets and Debts, Child Support, Divorce, Financial Issues, Legal Proceedings, military divorce, Modifications, Property Division, Retirement Plans and Division
With so many people facing bankruptcy in the current climate, it may be good news to know (depending on which side you are on, of course) that the bankruptcy does not allow a person owing a domestic support obligation to use bankruptcy as a way to avoid payment of the debt. In fact, virtually any obligation… Continue Reading

Separate Property Not Transmuted to Marital Property: Recent Case

Posted in Divorce, Property Division
To show transmutation of separate property to marital property requires evidence of owner’s clear intent to contribute the property.  Commingling is not enough.  Wife’s contributions to Husband’s separate property did not transmute into marital property, but did support an equalization payment to Wife in proportion to her contribution.   Court of Appeals awards Wife slightly less… Continue Reading

How To Prevent Divorce From Hurting Your Credit

Posted in Assets and Debts, Divorce, Financial Issues, Property Division
The following post recently appeared in the New York Divorce Report.  This article addresses one of the most important issues in a divorce, the division of marital debts.  If parties have joint debt, whether it is a credit card, loan, auto loan, mortgage, or other debt, a divorce decree cannot change the relationship between the… Continue Reading

We Decided to Divorce: Do I Want the House?

Posted in Financial Issues, Property Division
  The following post recently appeared on Pennsylvania Family Law, a great family law blog. The post brings up several points that should be considered when dividing the marital property, particularly the home, which in the current housing market, is a serious issue to deal with.  Although written by Pennsylvania family lawyers, the points below are certainly applicable to… Continue Reading

This week’s Case Law Update

Posted in Property Division
Distribution DecreasedMarital property may include property titled in one spouse’s name, and increase in property value if financing paid for with marital income.  Court of Appeals adjusts values of property and amounts distributed to Wife. Respondent may raise error as to Circuit Court rulings without a cross-appeal if it helps maintain a judgment favorable to… Continue Reading

How Will Divorce Affect My Credit:

Posted in Assets and Debts, Property Division
The following article was recently published by Jimmy Atkinson on his blog Ask the Advisor.  This article addresses a very important issue in a dissolution of marriage proceeding, the division of debt.  If not done properly or completely, outstanding debts can cause disasterous consequences to a sometimes innocent party.  The fact is, a Court can… Continue Reading

Recent family law decisions from the Missouri Courts of Appeals

Posted in Custody and Visitation, Divorce, Legal Proceedings, Property Division, Spousal Abuse
Death Moots Appeal Father’s death mooted Mother’s appeal of visitation provisions in judgment. As to Third-Party Respondent, Mother’s appeal of property division is supported by evidence in the record, so Court of Appeals affirms. "[T]his Court accepts as true the evidence and reasonable inferences . . . in the light most favorable to the trial… Continue Reading

Courts Bulletin : April Family Law Cases

Posted in Child Support, Divorce, Modifications, Property Division, Retirement Plans and Division
Burden of proof of stalking for order of protection. Thomas Schwalm, Respondent v. Lori Schwalm, Appellant, No. 87829 (Mo. App. E.D., March 20, 2007), Richter, P.J.   This case is instructional to the extent it discusses the failure of proof that required the reversal of the judgment for an order of protection.   Husband sought an order… Continue Reading

8 Reasons to Have an Estate Plan

Posted in Divorce, Financial Issues, Property Division, Retirement Plans and Division
One very important, and often overlooked, factor to consider as part of your dissolution of marriage is a re-evaluation, (or first evaluation as is often the case) of your estate plan.   If there is no plan in place, the laws that will determine how your estate will be divided upon your death change significantly when you are… Continue Reading

CPA’s as Forensic Accountants in Divorce

Posted in Divorce, Financial Issues, Legal Separation, Property Division
The following article has recently appeared on at least a few of the family law blogs, which I found to be particularly interesting.  Thanks to the Oklahoma Family Law Blog and the Georgia Family Law Blog for sharing this information with us.   Marriage has become a delicate venture. According to the U.S. Census bureau,… Continue Reading

This Week in Missouri Family law

Posted in Assets and Debts, Property Division, Retirement Plans and Division, Trials
Pension Was Marital And Non-Marital Property Pension is a hybrid of marital and non-marital property; the former to the extent that it represents deferred payment of wages earned during the marriage, and the latter to the extent that it represents compensation for future wages lost due to disability. Remanded to Circuit Court to reconsider property… Continue Reading

This Week in Missouri Family Law

Posted in Alimony / Maintenance, Assets and Debts, Property Division
Conduct During Marriage Influences Judgment Wife’s inability to support herself due to health problems and lack of skills supports award of maintenance. Evidence of Wife’s resources, from later hearing on attorney fees, is no basis for reversing Circuit Court’s award of maintenance. Husband’s use of resources, including extramarital affair, supports division of property and allocation… Continue Reading

Selling Your Home When Divorcing

Posted in Alimony / Maintenance, Assets and Debts, Financial Issues, Marriage and Family, Property Division, Uncategorized
The following are some infomative and useful tips on the sale of a residence in divorce from divorcehq.com For many people going through a divorce their biggest asset is their home or in legal speak, the marital residence. Deciding what to do about the marital residence is often a major issue in a divorce. There are a few… Continue Reading

Missouri Family Case Law Update: Error in Classification of Property No Grounds for Reversal

Posted in Legal Proceedings, Property Division
Evidence showing Husband’s abuse and attempts to co-opt Child into abusive behaviors supported order of restricted and supervised visitation. Testimony against Husband was not biased, just unfavorable. Trial Court erred in classifying property as separate even though there was no evidence to rebut the presumption that the property was marital, but such error did not cause property division… Continue Reading

Case Law Update:Debt to Spouse was not discharged in Bankruptcy

Posted in Alimony / Maintenance, Financial Issues, Property Division
Separation Agreement gave Amway distributorship to Wife for monthly payments to Husband. That payment was considered support because nothing else provided maintenance, the payment was in installments, it was subject to modification based on Amway profits, and it terminated on death of Husband. Trial Court erred in characterizing Wife’s debt to Husband as a property… Continue Reading

Searching for Hidden Assets at Divorce

Posted in Property Division
How to find property your spouse may be concealing when you divorce. This list includes common ways in which a spouse may undervalue or disguise marital assets: Antiques, artwork, hobby equipment, gun collections, and tools that are overlooked or undervalued. Look for antique furnishings, original paintings, or collector-level carpets at the office. Income that is… Continue Reading