Section 29.13 Rebuttable Presumption of Equal Shares

• Library: Family Law Deskbook and 2014 Supp

b. (§29.13) Rebuttable Presumption of Equal Shares

Missouri decisions vary with respect to unmarried cohabitants’ joint ownership of property when combined with joint liability on debt secured by the property. In Atkinson v. Dasher, 588 S.W.2d 215 (Mo. App. W.D. 1979), the court looked solely to the cash contributions of the parties without regard to liability on the indebtedness. The parties were jointly and severally liable on a purchase money promissory note for $71,950 that was secured by a deed of trust on property titled in the joint names of the parties, as single persons. The deed did not define the respective interests of the parties. According to the evidence in a trial to partition the property, the man paid $42,190.27 and the woman paid...