Rents of married person's real estate exempt from liability for spouse's debts, when
When a married person owns real estate, the money that comes from it — like rent or from selling it — cannot be taken away to pay off their spouse's personal debts. The spouse also cannot sign away rights to that property without both husband and wife signing the paperwork together. However, if the spouse owes money for basic family needs (like food or clothing) or for work or materials done on that same property, then the income from that property can be taken to pay those debts.
451.260. Rents of married person's from for spouse's debts, when. — The 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, , or during , shall, during coverture, be exempt from or for the sole debts of his or her spouse; and no 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 by the spouse jointly with the * other spouse, and 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 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 here in original rolls.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.