Gifts in fraud of marital rights
When a married person gives away property or money to cheat their spouse out of what the spouse is legally owed, the surviving spouse can fight back. The surviving spouse can ask a court to treat that gift like it was part of the dead person's will, and get that property back. Also, if a married person sells or transfers real estate without their spouse signing off on it, the law automatically assumes that was done to cheat the spouse — unless someone can prove otherwise. There are exceptions when a court has already approved the transfer for someone who is disabled or a minor.
474.150. Gifts in of marital rights — presumptions on . — 1. Any gift made by a married person, whether dying or , in fraud of the marital rights of the to whom the was married at the time of such gift and who may share in the decedent's , shall, at the of such surviving spouse, be treated as a and may be recovered from the and persons taking from the decedent without and applied to the payment of the spouse's share, as in case of his or her .
2. Any of made by a married person at any time without the or other written express of such spouse, made at any time, duly , is to be in fraud of the marital rights of such spouse, if the spouse becomes a surviving spouse, unless the contrary is shown.
3. Any conveyance of the property of the spouse of a is deemed not to be in fraud of the marital rights of the disabled person if the of the authorizes the of the disabled person to join in or assent to the conveyance after finding that it is not made in fraud of the marital rights. Any conveyance of the property of a or disabled person made by a conservator an of court is deemed not to be in fraud of the marital rights of the spouse of the .
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Source & history notes
(L. 1955 p. 385 § 251, A.L. 1957 p. 829, A.L. 1959 S.B. 141, A.L. 1983 S.B. 44 & 45, A.L. 2018 H.B. 1250) Conveyance of estate by entireties by guardian of minor or incompetent, 442.035
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.