454.528. Execution on jointly held property, when, procedure--obligor defined--parties to action--attorney's fees, assessed against whom.
Execution on jointly held property, when, procedure--obligordefined--parties to action--attorney's fees, assessed againstwhom.
454.528. 1. The interests of one or more owners of any real or personalproperty held in joint tenancy with right of survivorship, or otherwise heldin any form of joint interest, except for property held in the name of ahusband and wife and no other, are subject to execution as provided in thissection for the sole purpose of enforcing judgments or orders for childsupport or maintenance.
2. For purposes of this section, an "obligor" is a person who owes aduty of support as determined by a court or administrative agency of competentjurisdiction.
3. Any party in possession of a judgment or order for child support ormaintenance may request levy and execution from a court of competentjurisdiction against real or personal property held by the obligor jointlywith another person as provided in this section. Unless one or more of thejoint owners presents to the court, within ten days after the return date ofthe execution, a true copy of a prior written agreement setting forth thevarious interests of the joint owners, or the court determines otherwise afterholding a hearing as provided for in subsection 5 of this section, it shall bepresumed that the interests of the joint owners are equal. Upon levy, theexecution shall constitute a lien against the obligor's presumed interest inthe property. Any one or more of the joint owners may obtain relief from thelien by filing with the court a copy of a prior written agreement settingforth the various interests of the joint owners, without the necessity offiling a petition under subsection 5 of this section. A copy of the writtenagreement shall be sent by regular United States mail to the party requestingexecution, who may challenge the validity or authenticity of the agreement byfiling a petition pursuant to subsection 5 of this section.
4. Upon being served with an execution issued pursuant to this section,any third party in possession of jointly owned property may interplead saidproperty as otherwise provided by law. Commercial banks may utilize theinterpleader procedure authorized by the provisions of section 362.360, RSMo.The third party shall notify the owners of the property that the property hasbeen levied upon if the owners have addresses of record with the third party.
5. Either party, or any other joint owner as provided in subsection 1 ofthis section, may petition the court for a determination that the interests ofthe joint owners are disproportionate by filing a proper motion in the causeof action from which the levy and execution was issued. The party filing themotion shall have the burden of proof as to the claim that the interests ofthe joint owners are disproportionate. If subject to the jurisdiction of thecourt, all persons owning affected real or personal property jointly with anobligor shall be made parties to any proceeding to determine the respectiveinterests of the joint owners. After a hearing on the motion, the court shallenter an appropriate order determining the various interests of each of thejoint owners, and authorizing execution against the obligor's share forsatisfaction of the child support or maintenance obligation.
6. The court may assess costs and reasonable attorney's fees against theobligor, if the court determines that the obligor has an interest in theaffected jointly held property. If the court determines that the obligor hasno interest in the property, costs and attorney's fees may be assessed againstthe party who requested the execution.
(L. 1986 H.B. 1479 § 3)CROSS REFERENCE:
Roth IRA not exempt from attachment for child support and maintenance, RSMo 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.