Missouri Courts will award property acquired during the course of a marriage according to the circumstances of the case.

The courts consider many factors in dividing of property. Some of the factors are the contributions of each party including the contribution of a spouse as homemaker; the economic circumstances of each spouse at the time of divorce and the parties' conduct during the marriage.

In general, all property acquired during the marriage is subject to division by the court, even if property is titled in the name of only one spouse. There are some exceptions to this maxim. For example, if one spouse obtains certain property by gift or inheritance, the property is that spouse's separate, non-marital property.

Property owned by one spouse before the marriage is, as a general rule, considered non-marital and will be set aside to that spouse free of any claims of marital interest. However, if after the marriage the parties invest joint funds to improve the property or make payments on the purchase money mortgage, then the non-owner spouse may have a marital interest in the property.

An important factor in the division of property is custody of minor children. In most cases, the courts are inclined to consider the needs of a custodial parent to own or occupy the marital residence in deciding which party should retain the home.

Arriving at an equitable division of marital property in a divorce proceeding can be tricky and complex. It is, therefore, vital that you see an attorney to protect your interests.