Marriage contracts to be in writing, acknowledged or proved

451.220. Marriage contracts to be in writing, acknowledged or proved. — 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

Conveyance avoided if bar of inheritance rights fails, 474.130

Interrupted contract bars inheritance rights, when, 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.