Section 6.28 Joinder of Parties

• Library: Family Law Deskbook and 2014 Supp

D. (§6.28) Joinder of Parties

It is not unusual that persons in addition to the spouses hold an interest in property to which one or both of the spouses claim an ownership interest. When a third party holds an ownership interest in property that one of the parties claims is marital, the third party must be joined in the proceeding. See:

Ravenscroft v. Ravenscroft, 585 S.W.2d 270 (Mo. App. W.D. 1979), disavowed on other grounds by Hoffmann v. Hoffmann, 676 S.W.2d 817 (Mo. banc 1984)

Daniels v. Daniels, 675 S.W.2d 29 (Mo. App. E.D. 1984)

Rule 52.04

Failure to join all parties with a legal interest in property claimed to be marital will preclude the court from effecting a...