Section 15.27 Dissipation or Wasting of Assets
Library | Family Law Deskbook and 2014 Supp |
K. (§15.27) Dissipation or Wasting of Assets
If there is evidence that one spouse squandered marital properties, the trial court may order reimbursement in the dissolution proceeding. In re Marriage of Layton, 687 S.W.2d 214 (Mo. App. W.D. 1984) (citing Calia v. Calia, 624 S.W.2d 870 (Mo. App. W.D. 1981)); see also Schneider v. Schneider, 824 S.W.2d 942 (Mo. App. E.D. 1992). For example, when the marital residence is foreclosed on and one of the spouses has the means to prevent the foreclosure and ultimate loss of equity in the asset, the court may charge the offending party with the loss in the property division. Heins v. Heins, 783 S.W.2d 481 (Mo. App. W.D. 1990). In this vein, a Pennsylvania court has held...
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- Section 15.1 Introduction and Statutory Authority
- Section 15.2 Classification of Property at Divorce
- Section 15.3 Property Acquired by Gift, Devise, Bequest, or Descent
- Section 15.4 Property Acquired in Exchange for Property Acquired Before the Marriage or in Exchange for Property Acquired by Gift, Bequest, Devise, or Descent; Property Acquired After Decree of Legal Separation
- Section 15.5 Property Excluded by Valid Written Agreement
- Section 15.6 Increase in Value of Property Acquired Before the Marriage or Under § 452.330.2(1)–(4), RSMo, Unless Marital Assets, Including Labor, Have Contributed to the Increases and Then Only to the Extent of the Contributions
- Section 15.7 Title and Evolution of the Source of Funds Rule
- Section 15.8 Transmutation
- Section 15.9 Transmutation by Joint Title or Gift to Marital Estate
- Section 15.10 Transmutation by Commingling
- Section 15.11 Considerations for Disposition of Property
- Section 15.12 Economic Circumstances of the Parties
- Section 15.13 Contribution to the Acquisition of the Marital Property
- Section 15.14 Value of the Nonmarital Property Awarded Each Party
- Section 15.15 Conduct of the Parties During the Marriage
- Section 15.16 Custodial Arrangements for Minor Children
- Section 15.17 Dividends, Stock Splits, and Stock Options
- Section 15.18 Marital Debts
- Section 15.19 Military Pensions
- Section 15.20 Missouri State Teachers’ Retirement Pensions
- Section 15.21 Personal Injury Claims and Proceeds
- Section 15.22 Professional Degrees
- Section 15.23 Disability Benefits and Workers’ Compensation Awards
- Section 15.24 Insurance Premium Renewals
- Section 15.25 Capital Loss Carryovers
- Section 15.26 Inchoate Interests
- Section 15.27 Dissipation or Wasting of Assets
- Section 15.28 Concealment of Assets
- Section 15.29 Ownership Interest of Third Parties and Joinder
- Section 15.30 Corporate Alter Ego
- Section 15.31 Severance of Unity of Possession and Title to Property
- Section 15.32 Wrongful Death Suit Proceeds
- Section 15.33 Tax Consequences Incident to Property Transfers in Divorce
- Section 15.34 Taxation of Property Transfers Between Spouses
- Section 15.35 Depreciation Recapture
- Section 15.36 Nonrecognition of Gain on Sale of Principal Residence
- Section 15.37 Capital Loss Carryovers
- Section 15.38 Retirement Plans
- Section 15.39 Use of Experts
- Section 15.40 Professional Practices
- Section 15.41 Valuation Date
- Section 15.42 Manner of Division
- Section 15.43 Finality of Decree as to Property Division and Undivided Property
- Section 15.44 Conclusion
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