Section 3.11 Property Division

• Library: Family Law Deskbook and 2014 Supp

3. (§3.11) Property Division

Section 452.330, RSMo 2000, sets forth specific guidelines for the court in dividing the marital property of the parties in a dissolution of marriage. Further, § 452.330.2 defines marital property. These guidelines are not applicable if the marriage is annulled. It is not uncommon that when a marriage is annulled there may be issues relating to jointly acquired property. In the event of an annulment, there are several remedies that may be used to gain ownership of property held in the name of the other party in which an interest is claimed or held jointly with the other party. Among these are:

· partition;

· imposition of a constructive trust;

· rescission;

· conversion; or

· money...