Missouri · Spouse signatureMissouri spouse signature to sell a house: the homestead rule and marital rights

Missouri protects a married seller's spouse in two ways. First, either spouse separately is debarred from and incapable of selling, mortgaging or alienating the homestead in any manner, and every such sale, mortgage or alienation is null and void – though nothing prevents the spouses from jointly conveying or mortgaging the homestead or any part of it (RSMo 513.475(2)). The homestead is the dwelling house, appurtenances and land used with it that the person uses as a homestead; the same section exempts up to $40,000 of its value from attachment and execution (513.475(1)). Second, any conveyance of real estate made by a married person at any time without the joinder or other written express assent of the spouse, duly acknowledged, is deemed to be in fraud of that spouse's marital rights if the spouse becomes a surviving spouse, unless the contrary is shown (474.150(2)); a gift in fraud of marital rights can, at the surviving spouse's election, be treated as a testamentary disposition and recovered from donees and persons who took without adequate consideration (474.150(1)).