Execution on jointly held property, when, procedure
When someone owes child support or maintenance payments and they own property together with another person, the court can seize that person's share of the property to pay what they owe. The court assumes each owner has an equal share unless there is a prior written agreement saying otherwise. Other people who also own the property can go to court to show their share is different. The court can make the person who owes support pay attorney's fees and costs, but if that person turns out to have no ownership interest, the person who asked for the seizure may have to pay those costs instead.
454.528. on jointly held property, when, procedure — defined — parties to — , ed against whom. — 1. The interests of one or more owners of any held in , or otherwise held in any form of joint interest, except for property held in the name of a husband and wife and no other, are subject to execution as provided in this section for the sole purpose of enforcing s or s for child support or .
2. For purposes of this section, an "obligor" is a person who owes a as determined by a court or of .
3. Any in possession of a judgment or order for child support or maintenance may request from a against real or personal property held by the obligor jointly with another person as provided in this section. Unless one or more of the joint owners presents to the court, within ten days after the of the execution, a true copy of a prior written agreement setting forth the various interests of the joint owners, or the court otherwise after holding a as provided for in 5 of this section, it shall be that the interests of the joint owners are equal. Upon , the execution shall constitute a against the obligor's presumed interest in the property. Any one or more of the joint owners may obtain from the lien by with the court a copy of a prior written agreement setting forth the various interests of the joint owners, without the necessity of filing a under subsection 5 of this section. A copy of the written agreement shall be sent by regular United States mail to the party requesting execution, who may challenge the or of the agreement by filing a petition subsection 5 of this section.
4. Upon being with an execution issued pursuant to this section, any in possession of jointly owned property may said property as otherwise provided by law. Commercial banks may utilize the procedure by the of section 362.360. The third party shall notify the owners of the property that the property has been levied upon if the owners have addresses of with the third party.
5. Either party, or any other joint owner as provided in subsection 1 of this section, may petition the court for a that the interests of the joint owners are by filing a proper in the from which the levy and execution was issued. The party filing the motion shall have the as to the that the interests of the joint owners are disproportionate. If subject to the of the court, all persons owning affected real or personal property jointly with an obligor shall be made parties to any to determine the respective interests of the joint owners. After a hearing on the motion, the court shall enter an order determining the various interests of each of the joint owners, and authorizing execution against the obligor's share for of the child support or maintenance obligation.
6. The court may assess costs and reasonable attorney's fees against the obligor, if the court determines that the obligor has an interest in the affected jointly held property. If the court determines that the obligor has no interest in the property, costs and attorney's fees may be assessed against the party who requested the execution.
Tap any gold-underlined word to see what it means.
Source & history notes
(L. 1986 H.B. 1479 § 3) Roth IRA not exempt from attachment for child support and maintenance, 513.430 (1988) Partnership funds are not property held in the form of joint interest under this section. Under the Uniform Partnership Law, the proper method to "seize" the interest of an individual partner in a partnership is to apply to the court for a charging order. (Mo.App. E.D.) Wills v. Wills, 750 S.W.2d 567.
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.