Marital and Nonmarital Property in Missouri
Missouri presumes property acquired after the marriage is marital whatever the title, and the spouse claiming it is nonmarital must show it was a gift or inheritance, an exchange for such property, acquired after legal separation, excluded by agreement or growth of nonmarital property without marital contribution.
Marital property
“Marital property” means all property acquired by either spouse after the marriage, except: (1) property acquired by gift, bequest, devise or descent; (2) property acquired in exchange for premarital property or for property acquired by gift, bequest, devise or descent; (3) property acquired after a decree of legal separation; (4) property excluded by valid written agreement of the parties; and (5) the increase in value of property acquired before the marriage or under (1) to (4), unless marital assets, including labor, contributed to the increase, and then only to the extent of the contribution (RSMo 452.330.2).
The presumption
All property acquired by either spouse after the marriage and before a decree of legal separation or dissolution is presumed marital regardless of whether title is held individually or in a form of co-ownership such as joint tenancy, tenancy in common or tenancy by the entirety. The presumption is overcome by showing the property was acquired by one of the listed methods (subsection 3).
Commingling
Property that would otherwise be nonmarital does not become marital property solely because it was commingled with marital property (subsection 4).
Growth in value
The increase in value of nonmarital property is nonmarital unless marital assets or labor contributed to it, and then only to the extent of those contributions.
Evidence that helps
Dated statements from before the wedding, deeds, gift and inheritance documents and account records showing the source of funds.
Keeping the right paperwork
Keep inherited and premarital funds in accounts in your name alone, avoid using them for the family’s expenses, and keep the gift and inheritance documents.
In the calculator
The Missouri property division calculator keeps nonmarital property out of the division.
Frequently asked questions
What is marital property in Missouri?
All property acquired by either spouse after the marriage, except gifts, inheritances, exchanges for premarital or gifted property, post-separation property, agreed exclusions and certain increases in value.
Does commingling make property marital in Missouri?
Not solely because of commingling.
Is the growth of premarital property marital in Missouri?
Only to the extent that marital assets or labor contributed to the increase.
Does title decide what is marital in Missouri?
No. Property acquired during the marriage is presumed marital whatever the title.
Who must prove nonmarital property in Missouri?
The spouse claiming it, by showing it was acquired by one of the listed methods.
Official sources
- RSMo 452.330: disposition of property and debts
- RSMo 452.335: maintenance
- IRS Publication 555: community property states
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Missouri statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Missouri attorney.