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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : DOMESTIC RELATIONS
Chapter : Chapter 451 Marriage, Marriage Contracts, and Rights of Married Women
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Marriage is considered in law as a civil contract, to which the
consent of the parties capable in law of contracting is essential. (RSMo
1939 § 3360)
Prior revisions: 1929 § 2973; 1919 § 7298; 1909 § 8279
All marriages between parents and children, including
grandparents and grandchildren of every degree, between brothers and
sisters of the half as well as the whole blood, between uncles and
nieces, aunts and nephews, first cousins, and between persons who lack
capacity to enter into a marriage contract, are presumptively void; and
it shall be unlawful for any city, county or state official having
authority to issue marriage licenses to issue such marriage licenses to
the persons heretofore designated, and any such official who shall issue
such licenses to the persons aforesaid knowing such persons to be within
the prohibition of this section shall be deemed guilty of a misdemeanor;
and this prohibition shall apply to persons born out of lawful wedlock as
well as those in lawful wedlock. It shall be presumed that marriages
between persons who lack capacity to enter into a marriage contract are
prohibited unless the court having jurisdiction over such persons
approves the marriage. (RSMo 1939 § 3361, A.L. 1961 p. 343, A.L. 1969
H.B. 564, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2974; 1919 § 7299; 1909 § 8280
(1955) Mental capacity to enter into marriage must be determined as of
date of marriage and testimony that spouse was mentally ill at such time
did not show insanity. Forbis v. Forbis (A.), 274 S.W.2d 800.
(2000) When a second marriage takes place prior to the annulment of a
previous voidable marriage, a decree annulling the first marriage does
not relate back to the time of that marriage so as to validate a second
marriage contracted before the annulment decree. Everetts v. Apfel, 214
F.3d 990 (8th Cir.).
1. It is the public policy of this state to recognize marriage
only between a man and a woman.
2. Any purported marriage not between a man and a woman is invalid.
3. No recorder shall issue a marriage license, except to a man and a
woman.
4. A marriage between persons of the same sex will not be recognized for
any purpose in this state even when valid where contracted. (L. 1996 S.B.
768 § 6, A.L. 2001 H.B. 157)
All marriages, where either of the parties has a former wife or
husband living, shall be void, unless the former marriage shall have been
dissolved. (RSMo 1939 § 3362)
Prior revisions: 1929 § 2975; 1919 § 7300; 1909 § 8281
1. Previous to any marriage in this state, a license for that
purpose shall be obtained from the officer authorized to issue the same,
and no marriage contracted shall be recognized as valid unless the
license has been previously obtained, and unless the marriage is
solemnized by a person authorized by law to solemnize marriages.
2. Before applicants for a marriage license shall receive a license, and
before the recorder of deeds shall be authorized to issue a license, the
parties to the marriage shall present an application for the license,
duly executed and signed in the presence of the recorder of deeds or
their deputy. Each application for a license shall contain the Social
Security number of the applicant, provided that the applicant in fact has
a Social Security number, or the applicant shall sign a statement
provided by the recorder that the applicant does not have a Social
Security number. The Social Security number contained in an application
for a marriage license shall be exempt from examination and copying
pursuant to section 610.024, RSMo. Upon the expiration of three days
after the receipt of the application the recorder of deeds shall issue
the license, unless one of the parties withdraws the application. The
license shall be void after thirty days from the date of issuance.
3. Provided, however, that such license may be issued on order of a
circuit or associate circuit judge of the county in which the license is
applied for, without waiting three days, such license being issued only
for good cause shown and by reason of such unusual conditions as to make
such marriage advisable.
4. Any person violating the provisions of this section shall be deemed
guilty of a misdemeanor.
5. Common-law marriages shall be null and void.
6. Provided, however, that no marriage shall be deemed or adjudged
invalid, nor shall the validity be in any way affected for want of
authority in any person so solemnizing the marriage pursuant to section
451.100, if consummated with the full belief on the part of the persons,
so married, or either of them, that they were lawfully joined in
marriage. (RSMo 1939 § 3364, A.L. 1943 p. 639, A.L. 1974 H.B. 981, A.L.
1978 H.B. 1634, A.L. 1981 S.B. 21 & 113, A.L. 1986 H.B. 931, A.L. 1997
S.B. 361, A.L. 1998 H.B. 987, A.L. 2001 H.B. 157)
Prior revisions: 1929 § 2977; 1919 § 7302; 1909 § 8283
1. The recorders of the several counties of this state, and the
recorder of the city of St. Louis, shall, when applied to by any person
legally entitled to a marriage license, issue the same which may be in
the following form: State of Missouri )
) ss.
) County of ........ )
This license authorizes any judge, associate circuit judge, licensed or
ordained preacher of the gospel, or other person authorized under the
laws of this state, to solemnize marriage between A B of ....., county of
...... and state of ......, who is ...... the age of eighteen years, and
C D of ......, in the county of ....., state of ......, who is ...... the
age of eighteen years.
2. If the man is under eighteen or the woman under eighteen, add the
following:
The custodial parent or guardian, as the case may be, of the said A B or
C D (A B or C D, as the case may require), has given his or her assent to
the said marriage.
Witness my hand as recorder, with the seal of office hereto affixed, at
my office, in ......, the ...... day of ......, 20.., recorder.
3. On which such license the person solemnizing the marriage shall,
within fifteen days after the issuing thereof, make as near as may be the
following return, and return such license to the officer issuing the
same: State of Missouri )
) ss.
) County of ........ )
This is to certify that the undersigned ...... did at ......, in said
county, on the ...... day of ...... A.D. 20.., unite in marriage the
above-named persons. (RSMo 1939 § 3365, A.L. 1974 2d Ex. Sess. H.B. 11,
A.L. 1993 S.B. 180, A.L. 2001 H.B. 157)
Prior revisions: 1929 § 2978; 1919 § 7303; 1909 § 8284
1. No recorder shall, in any event except as herein provided,
issue a license authorizing the marriage of any person under fifteen
years of age; provided, however, that such license may be issued on order
of a circuit or associate circuit judge of the county in which the
license is applied for, such license being issued only for good cause
shown and by reason of such unusual conditions as to make such marriage
advisable.
2. No recorder shall issue a license authorizing the marriage of any male
under the age of eighteen years or of any female under the age of
eighteen years, except with the consent of his or her custodial parent or
guardian, which consent shall be given at the time, in writing, stating
the residence of the person giving such consent, signed and sworn to
before an officer authorized to administer oaths.
3. The recorder shall state in every license whether the parties applying
for same, one or either or both of them, are of age, or whether the male
is under the age of eighteen years or the female under the age of
eighteen years, and if the male is under the age of eighteen years or the
female is under the age of eighteen years, the name of the custodial
parent or guardian consenting to such marriage. (RSMo 1939 § 3370, A.L.
1974 2d Ex. Sess. H.B. 11, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 180)
Prior revisions: 1929 § 2983; 1919 § 7308; 1909 § 8289
Marriages may be solemnized by any clergyman, either active or
retired, who is in good standing with any church or synagogue in this
state. Marriages may also be solemnized, without compensation, by any
judge, including a municipal judge. Marriages may also be solemnized by a
religious society, religious institution, or religious organization of
this state, according to the regulations and customs of the society,
institution or organization, when either party to the marriage to be
solemnized is a member of such society, institution or organization.
(RSMo 1939 § 3363, A.L. 1945 p. 1145, A.L. 1969 p. 545, A.L. 1978 H.B.
1634, A.L. 1989 H.B. 898, A.L. 1998 H.B. 987)
Prior revisions: 1929 § 2976; 1919 § 7301; 1909 § 8282
CROSS REFERENCE: Penalty for illegally solemnizing marriage, RSMo 451.115
Every person solemnizing marriages under this chapter shall
issue and deliver to the parties to such marriage a certificate thereof,
which shall be furnished in blank by the officer who issues such license,
setting forth the names and residence of the parties and the date of such
marriage, and the county from which the license was issued and the date
of same; and such certificates shall be prima facie evidence of the facts
therein stated in all courts of this state. (RSMo 1939 § 3369)
Prior revisions: 1929 § 2982; 1919 § 7307; 1909 § 8288
Every person who shall solemnize any marriage, having knowledge
of any fact which renders such marriage unlawful or criminal in either of
the parties under any law of this state, or, having knowledge or
reasonable cause to believe that either of the parties shall be under the
age of legal consent, or is prohibited by section 451.020 from entering
into such marriage, or where to his knowledge, any other legal impediment
exists to such marriage, and every person not authorized by law to
solemnize marriages who shall falsely represent that he is so authorized,
and who, by any pretended marriage ceremony which he may perform, shall
deceive any innocent person or persons into the belief that they have
been legally married, shall, on conviction, be adjudged guilty of a class
C misdemeanor. (RSMo 1939 § 4652, A.L. 1982 S.B. 785, A.L. 1983 S.B. 44 &
45)
Prior revisions: 1929 § 4264; 1919 § 3514; 1909 § 4728
*Transferred 1978; formerly 563.250
Any person who shall solemnize any marriage wherein the parties
have not obtained a license, as provided by this chapter, or shall fail
to keep a record of the solemnization of any marriage, shall be deemed
guilty of a misdemeanor, and upon conviction shall be fined not exceeding
five hundred dollars, and in addition shall be subject to a civil action
by the parent, conservator or other person having care or custody of the
person so married, to whom services are due wherein the recovery shall
not exceed the sum of five hundred dollars; and any recorder who shall
issue a license contrary to the provisions of this chapter shall be
subject to a like punishment. (RSMo 1939 § 3371, A.L. 1983 S.B. 44 & 45)
Prior revisions: 1929 § 2984; 1919 § 7309; 1909 § 8290
1. If any recorder willfully neglect or refuse to issue a
license to any person legally entitled thereto on application, on payment
or tender of the fee provided for in section 451.150, or shall fail to
refuse to record such license, with the return thereon, as herein
provided, he shall be deemed guilty of a misdemeanor, and upon conviction
shall be fined in any sum not less than five nor more than one hundred
dollars.
2. Every officer or person who shall fail to return a license within
fifteen days after the issuing of the same, or who shall make a false
return thereon, or any recorder who shall willfully make a false record
of any marriage license or return thereon, shall be deemed guilty of a
misdemeanor, and, on conviction thereof, shall be punished as provided in
the preceding part of this section. (RSMo 1939 § 3367, A.L. 2001 H.B. 157)
Prior revisions: 1929 § 2980; 1919 § 7305; 1909 § 8286
The recorder shall record all marriage licenses issued in a
well-bound book kept for that purpose, with the return thereon, for which
he shall receive a fee of ten dollars to be paid for by the person
obtaining the same. (RSMo 1939 § 3366, A.L. 1972 H.B. 1447, A.L. 1986
H.B. 931, A.L. 1987 H.B. 384 Revision)
Prior revisions: 1929 § 2979; 1919 § 7304; 1909 § 8285
Effective 6-15-87 CROSS REFERENCES: Recorder to keep index of marriage
contracts and marriage certificates, RSMo 59.450 Recording fees, 193.195
1. In addition to any other fee for the issuance of a marriage
license there is hereby imposed a fee of twenty dollars to be paid by the
person applying for such license. Such fee shall be collected by the
recorder of deeds at the time the marriage license is issued.
2. In addition to any other fee for a certified copy of a marriage
license there is hereby imposed a fee of seven dollars to be paid by the
person applying for such certified copy. Such fee shall be collected by
the recorder of deeds at the time the certified copy is issued. The
recorder of deeds shall have the authority to differentiate, for fee
imposition purposes, between a certified copy and a mere photocopy copy.
3. The recorder of deeds shall, at the end of each month, forward fifteen
dollars for the issuance of a marriage license to the director of the
department of revenue for deposit in the children's trust fund
established in section 210.173, RSMo, and five dollars for the issuance
of a marriage license shall be paid to the county treasurer and deposited
in a special trust fund to be expended only to provide financial
assistance to shelters for victims of domestic violence, established
pursuant to sections 455.200 to 455.230, RSMo. The recorder of deeds
shall at the end of each month forward seven dollars for each certified
copy of a marriage license to the children's trust fund established in
section 210.173, RSMo. (L. 1990 H.B. 1370, et al. § 9, A.L. 1992 H.B. 894)
The reputed father and mother of children who were born before
the ceremony of marriage is performed, as provided by this chapter, may,
at the time of solemnization of said marriage, give to the officer the
names of their children then living, or the descendants of such as may be
dead; and it shall be the duty of such officer to record such names with
his certificate of marriage. (RSMo 1939 § 3372)
Prior revisions: 1929 § 2985; 1919 § 7310; 1909 § 8291
CROSS REFERENCE: Issue of void or dissolved marriage legitimate, RSMo
474.080
In any county in this state where the record of any marriage has
been lost or destroyed, such record may be supplied by the minister or
officer who solemnized any such marriage, by filing in the recorder's
office of such county a certificate showing the names of the persons by
him married, the date of such marriage, and the county in which the same
was solemnized. (RSMo 1939 § 3641)
Prior revisions: 1929 § 3251; 1919 § 10613; 1909 § 10424
In all counties in this state where records of marriages have
been destroyed by fire or otherwise, any person whose record of marriage
has been destroyed, or the heirs or descendants of such person, may
obtain from the officer or minister who solemnized such marriage a
certificate, showing dates, names of parties married, and witnesses
present at said solemnization of marriage, so far as said officer or
minister may be able to certify the same; and the record of said
certificate shall be prima facie evidence of said marriage in all the
courts of this state. (RSMo 1939 § 3645)
Prior revisions: 1929 § 3255; 1919 § 10617; 1909 § 10428
If the minister or officer who solemnized any marriage, the
record of which has been lost or destroyed, be dead, refuse to give a
certificate as required by section 451.170, or his whereabouts be
unknown, it shall be lawful for two credible persons who witnessed such
marriage to make affidavit to the fact, giving the names of the persons,
the name of the minister or officer officiating, and the date of such
marriage, which shall be filed and recorded in the recorder's office of
such county, which affidavit, or certified copy thereof, shall be prima
facie evidence of such marriage in any court in this state. (RSMo 1939 §
3642)
Prior revisions: 1929 § 3252; 1919 § 10614; 1909 § 10425
The recorders in such counties in this state wherein such
records have been lost or destroyed shall file and record the
certificates or affidavits provided for in sections 451.170 and 451.180,
for which they shall be allowed the same fee as for recording other
certificates of marriage, and shall furnish copies of such certificates
or affidavits when required. (RSMo 1939 § 3643)
Prior revisions: 1929 § 3253; 1919 § 10615; 1909 § 10426
In all counties of this state where the records of marriages
have been burned or otherwise destroyed, the recorder of deeds or other
officer whose duty it may be to record certificates of marriages shall
purchase at the expense of his county a substantially bound book in which
he shall record certificates of marriage, produced, and shown to him to
be genuine, by any party or parties whose record of marriage has been
burned or otherwise destroyed, and the heirs and descendants of such
party or parties may produce the certificate of marriage herein
contemplated, and have the same recorded, and the recorder or officer
recording shall receive therefor the sum of fifty cents for each
certificate recorded. (RSMo 1939 § 3644)
Prior revisions: 1929 § 3254; 1919 § 10616; 1909 § 10427
All marriage contracts whereby any estate, real or personal, in
this state, is intended to be secured or conveyed to any person or
persons, or whereby such estate may be affected in law or equity, shall
be in writing, and acknowledged by each of the contracting parties, or
proved by one or more subscribing witnesses. (RSMo 1939 § 3373)
Prior revisions: 1929 § 2986; 1919 § 7311; 1909 § 8292
CROSS REFERENCES: Conveyance avoided if bar of inheritance rights fails,
RSMo 474.130 Interrupted contract bars inheritance rights, when, RSMo
474.120
(1958) Postnuptial property settlement agreement whereby wife waived any
right, title or interest which she might have in or to personalty or
realty of husband was valid between the parties though not acknowledged
and effected relinquishment of wife's dower. Chapman v. Corbin (A.), 316
S.W.2d 880.
(1962) Where marriage contract was entered into after the wedding and in
the presence of guests and at a time when the wife did not have time to
read it and did not understand what it contained and she testified that
she signed it in order to avoid a fuss in the presence of wedding guests,
it was held invalid because of duress. Wilson v. Wilson (A.), 354 S.W.2d
532.
(1968) Anticipatory, preparatory, collateral, and ancillary acts
performed in reliance on a verbal contract, generally are not sufficient
part performance to call for an exception to the provisions of the
statute of frauds; but if the verbal agreement is sufficiently
established, the acts are done with the knowledge of the other party, and
if the changes in circumstances resulting from such acts are of such
nature that the consequences thereof are, or may be, disastrous, the
court may enforce the contract, even though the acts are not, strictly
speaking, in execution of the contract. Pointer v. Ward (Mo.), 429 S.W.2d
269.
Such marriage contracts shall be acknowledged or proved before
the same officer and certified in the same manner as deeds of conveyance
for land are or shall be required by law to be acknowledged or proved and
certified; and they shall be recorded, with the certificate of proof or
acknowledgment, in the office of the recorder of each county where any
estate is situated which is intended to be conveyed or affected thereby.
(RSMo 1939 § 3374)
Prior revisions: 1929 § 2987; 1919 § 7312; 1909 § 8293
CROSS REFERENCE: Marriage contracts to be received in evidence, when,
RSMo 490.590
When any such marriage contract is deposited in the recorder's
office for record, it shall, as to all property affected by it in the
county where the same is deposited, impart full notice to all persons of
its contents; and no such contract shall be valid or affect any property
except between the parties thereto and such as have actual notice
thereof, until it shall be deposited for record, as herein prescribed.
(RSMo 1939 § 3375)
Prior revisions: 1929 § 2988; 1919 § 7313; 1909 § 8294
1. All real estate and any personal property, including rights
in action, belonging to any man or woman at his or her marriage, or which
may have come to him or her during coverture, by gift, bequest or
inheritance, or by purchase with his or her separate money or means, or
be due as the wages of his or her separate labor, or has grown out of any
violation of his or her personal rights, shall, together with all income,
increase and profits thereof, be and remain his or her separate property
and under his or her sole control, and shall not be liable to be taken by
any process of law for the debts of his wife or her husband.
2. This section shall not affect the title of any husband or wife to any
personal property reduced to his or her possession with the express
assent of his or her spouse; provided, that said personal property shall
not be deemed to have been reduced to possession by the husband or wife
by his or her use, occupancy, care or protection thereof, but the same
shall remain his or her separate property, unless by the terms of said
assent, in writing, full authority shall have been given by the husband
or wife to the spouse to sell, encumber or otherwise dispose of the same
for his or her own use and benefit, but such property shall be subject to
execution for the payments of the debts of the spouse contracted before
or during marriage, and for any debt or liability of his or her spouse
created for necessaries for the spouse or family; and any such married
man or woman may, in his or her own name and without joining his or her
spouse, as a party plaintiff institute and maintain any action, in any of
the courts of this state having jurisdiction, for the recovery of any
such personal property, including rights in action, as aforesaid, with
the same force and effect as if such married man or woman was * not
married; provided, any judgment for costs in any such proceeding rendered
against any such married spouse, may be satisfied out of any separate
property of such married spouse subject to execution; provided, that
before any such execution shall be levied upon any separate estate of a
married spouse, he or she shall have been made a party to the action, and
all questions involved shall have been therein determined, and shall be
recited in the judgment and the execution thereon. (RSMo 1939 § 3390,
A.L. 2001 H.B. 537)
Prior revisions: 1929 § 3003; 1919 § 7328; 1909 § 8309
*Word "a" appears in original rolls.
(1954) Where husband and wife each furnished funds to purchase farm and
each supplied livestock and contributed to purchase of tools, but husband
actually controlled and operated farm, wife was not entitled, after eight
years, to one-half of proceeds of sale of some of the stock and tools.
Herbert v. Herbert (A.), 272 S.W.2d 705.
(1955) Wife held entitled to sue husband under § 451.250 for premarital
personal tort committed by him in automobile accident. Hamilton v.
Fulkerson (Mo.), 285 S.W.2d 642. Comment Mo. L. Rev. Vol. XXII, p. 216
(1957).
The rents, issues and products of the real estate of any married
person, and all moneys and obligations arising from the sale of such real
estate, and the interest of such person's spouse in such person's right
in any real estate which belonged to such person before marriage, or
which he or she may have acquired by gift, grant, devise or inheritance
during coverture, shall, during coverture, be exempt from attachment or
levy of execution for the sole debts of his or her spouse; and no
conveyance made during coverture by such spouse of such rents, issues and
products, or of any interest in such real estate, shall be valid, unless
the same be by deed executed by the spouse jointly with the * other
spouse, and acknowledged by him or her in the manner now provided by law;
provided, such annual products may be attached or levied upon for any
debt or liability of his or her spouse, created for necessaries for the
spouse and family, and for debts for labor or materials furnished upon or
for the cultivation or improvement of such real estate. (RSMo 1939 §
3389, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 3002; 1919 § 7327; 1909 § 8308
*Word "the" appears in original rolls.
A spouse's property, except such as may be acquired from the
other spouse, shall be exempt from all debts and liabilities contracted
or incurred by his or her spouse before their marriage. (RSMo 1939 §
3391, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 3004; 1919 § 7329; 1909 § 8310
A married woman shall be deemed a femme sole so far as to enable
her to carry on and transact business on her own account, to contract and
be contracted with, to sue and be sued, and to enforce and have enforced
against her property such judgments as may be rendered for or against
her, and may sue and be sued at law or in equity, with or without her
husband being joined as a party; provided, a married woman may invoke all
exemption and homestead laws now or hereafter in force for the protection
of personal and real property owned by the head of a family, except in
cases where the husband has claimed such exemption and homestead rights
for the protection of his own property. (RSMo 1939 § 3385)
Prior revisions: 1929 § 2998; 1919 § 7323; 1909 § 8304
CROSS REFERENCES: Damages for torts of married women, who liable, RSMo
537.040 Estate of wife conveyed and dower relinquished, how--covenant,
when binding on wife or husband, RSMo 442.030 Married woman may insure
life of husband, RSMo 376.530 Power of attorney to convey married woman's
estate, how executed, RSMo 442.050
(1955) Wife held entitled to sue husband under § 451.250 for premarital
personal tort committed by him in automobile accident. Hamilton v.
Fulkerson (Mo.), 285 S.W.2d 642.
(1957) Wife may sue her husband who abandoned her without her fault to
recover value of her necessities which she provided herself and may also
sue him for conversion of her personal property. Smith v. Smith (A.), 300
S.W.2d 275.
(1957) Wife held entitled to sue administrator of deceased husband for
personal injuries resulting from negligence of husband during coverture.
Ennis v. Truhitte (Mo.), 306 S.W.2d 549.
(1959) One spouse cannot maintain civil action for damages against the
other for personal injuries resulting from negligent acts committed
during the marriage. Browner v. Browner (Mo.), 327 S.W.2d 808.
Deatheridge v. Deatheridge (Mo.), 328 S.W.2d 624.
(1960) Recovery allowed in action by minor child for personal injuries
and by father for medical bills and loss of earnings of minor child
resulting from alleged negligence of defendant's intestate, the child's
mother, in operation of motor vehicle. Doctrine of introfamily immunity
from suit expired upon death of mother and wife and did not extend to
decedent's estate, Brennecke v. Kilpatrick (Mo.), 336 S.W.2d 68.
(1963) Wife allowed to recover in action for damages for loss of
consortium caused by defendant's negligent injury of her husband. Novak
v. Kansas City Transit, Inc. (Mo.), 365 S.W.2d 539, overruling Bernhardt
v. Perry, 276 (Mo.), 612, 208 S.W. 462.
(1972) After divorce, a former wife may not recover damages from her
former husband for a wrongful act committed during marriage. Ebel v.
Ferguson (Mo.), 478 S.W.2d 334.
(1986) The court abolished the doctrine of interspousal immunity as a bar
to claims for intentional torts. Townsend v. Townsend (Mo.), 708 S.W.2d
646.
(1986) The doctrine of spousal immunity is no longer available as a bar
to negligence actions. S.A.V. v. K.G.V. (Mo.), 708 S.W.2d 651.
The spouse of any person who is under conservatorship may join
with the conservator in making partition of his or her own real estate
held in joint tenancy, or in common, and may, jointly with the
conservator, make any release or other conveyance necessary and proper
for that purpose; and he or she may sell and convey his or her own real
estate by joining with the conservator in such sale and conveyance, to be
under the order and supervision of the proper court, and deeds executed
jointly by himself or herself and such conservator shall have the same
force and effect as if done with his or her spouse if such spouse had
been under no disability; and in all cases where the real estate of such
person shall be sold by his or her conservator in due conformity to law,
he or she may relinquish his or her right in such real estate as fully as
if his or her spouse joined in the deed of release; and when a person is
found to be disabled as defined in chapter 475, RSMo, and his or her
spouse is the owner of real estate in this state that he or she desires
to convey, then, upon provision made for such disabled person, according
to his or her needs, and according to the ability, situation in life and
circumstances of his or her spouse, and to his or her safely secured
under the order and control of the proper court, the conservator of such
disabled person may, under the order and approval of the court, join in a
deed, on behalf of such disabled person, for the purpose of conveying his
or her homestead, interest in such real estate; and if he or she has no
conservator, then the court may appoint a guardian ad litem pursuant to
chapter 475, RSMo, who may, in like manner, upon the conditions and under
the order of the court, join with the spouse on his or her behalf in such
deed; and such conveyance, when executed, as aforesaid, by either the
conservator or the guardian ad litem and the spouse of such person, shall
be as valid and effectual to convey any land owned by such spouse,
including his or her homestead, and shall have the effect of releasing
the spouse's homestead in the real estate as fully as if he or she had,
under no disability, of his or her own free will, executed and
acknowledged the same; provided, that no such order of conveyance shall
be made by the court until application made thereto, in writing, by such
spouse, setting forth the facts, and twenty days' public notice given of
the time and place of hearing such application has been given by
publication in a weekly newspaper of general circulation published in the
county. (RSMo 1939 § 3384, A.L. 1983 S.B. 44 & 45, A.L. 2001 H.B. 537)
Prior revisions: 1929 § 2997; 1919 § 7322; 1909 § 8303
CROSS REFERENCE: Conveyance of estate by entireties where spouse is a
minor or incompetent, RSMo 442.035
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