Section 442.130

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 442

Effective - 28 Aug 2022, 2 histories   

  *442.130.  Execution of deeds and other conveyances — marital status of grantor required on written instruments. — 1.  All deeds or other conveyances of lands, or of any estate or interest therein, shall be subscribed by the party granting the same, or by his lawful agent, and shall be acknowledged or proved and certified in the manner herein prescribed.

  2.  All written instruments conveying real estate or any interest in real estate shall state whether any natural person acting as grantors, mortgagors, or other parties executing the instrument are married or unmarried.

­­--------

(RSMo 1939 § 3406, A.L. 2022 H.B. 1606 merged with H.B. 1662)

Prior revisions: 1929 § 3019; 1919 § 2179; 1909 § 2792

*Revisor's Note:  This section was amended identically by both H.B. 1606 and H.B. 1662, 2022.  In 2023, H.B. 1606 was declared unconstitutional (see annotation below).  The H.B. 1662 language remains in effect.

(2002) Section only requires the grantor actually conveying the interest in real property to subscribe a deed.  Beck v. Beck, 90 S.W.3d 509 (Mo.App.E.D.).

(2023) The inclusion of Section 67.2300 in H.B. 1606 from 2022 declared unconstitutional as violating the single subject rule of Article III, § 23 of the Missouri Constitution.  The remaining provisions of H.B. 1606 could not be severed and the bill is declared invalid in its entirety.  Byrd, et al. v. State of Missouri, et al., Case No. SC100045 (Mo.banc, Dec. 19, 2023).