451.250. Married persons to hold real and personal property as separate property--liable for what.
Married persons to hold real and personal property as separateproperty--liable for what.
451.250. 1. All real estate and any personal property, includingrights in action, belonging to any man or woman at his or her marriage, orwhich may have come to him or her during coverture, by gift, bequest orinheritance, or by purchase with his or her separate money or means, or bedue as the wages of his or her separate labor, or has grown out of anyviolation of his or her personal rights, shall, together with all income,increase and profits thereof, be and remain his or her separate propertyand under his or her sole control, and shall not be liable to be taken byany process of law for the debts of his wife or her husband.
2. This section shall not affect the title of any husband or wife toany personal property reduced to his or her possession with the expressassent of his or her spouse; provided, that said personal property shallnot be deemed to have been reduced to possession by the husband or wife byhis or her use, occupancy, care or protection thereof, but the same shallremain his or her separate property, unless by the terms of said assent, inwriting, full authority shall have been given by the husband or wife to thespouse to sell, encumber or otherwise dispose of the same for his or herown use and benefit, but such property shall be subject to execution forthe payments of the debts of the spouse contracted before or duringmarriage, and for any debt or liability of his or her spouse created fornecessaries for the spouse or family; and any such married man or womanmay, in his or her own name and without joining his or her spouse, as aparty plaintiff institute and maintain any action, in any of the courts ofthis state having jurisdiction, for the recovery of any such personalproperty, including rights in action, as aforesaid, with the same force andeffect as if such married man or woman was * not married; provided, anyjudgment for costs in any such proceeding rendered against any such marriedspouse, may be satisfied out of any separate property of such marriedspouse subject to execution; provided, that before any such execution shallbe levied upon any separate estate of a married spouse, he or she shallhave been made a party to the action, and all questions involved shall havebeen therein determined, and shall be recited in the judgment and theexecution thereon.
(RSMo 1939 § 3390, A.L. 2001 H.B. 537)Prior revisions: 1929 § 3003; 1919 § 7328; 1909 § 8309
*Word "a" appears in original rolls.
(1954) Where husband and wife each furnished funds to purchase farm and each supplied livestock and contributed to purchase of tools, but husband actually controlled and operated farm, wife was not entitled, after eight years, to one-half of proceeds of sale of some of the stock and tools. Herbert v. Herbert (A.), 272 S.W.2d 705.
(1955) Wife held entitled to sue husband under § 451.250 for premarital personal tort committed by him in automobile accident. Hamilton v. Fulkerson (Mo.), 285 S.W.2d 642. Comment Mo. L. Rev. Vol. XXII, p. 216 (1957).