Section 454.528

Title XXX DOMESTIC RELATIONS

Chapter 454

Effective - 28 Aug 1986   

  454.528.  Execution on jointly held property, when, procedure — obligor defined — parties to action — attorney's fees, assessed against whom. — 1.  The interests of one or more owners of any real or personal property held in joint tenancy with right of survivorship, or otherwise held in any form of joint interest, except for property held in the name of a husband and wife and no other, are subject to execution as provided in this section for the sole purpose of enforcing judgments or orders for child support or maintenance.

  2.  For purposes of this section, an "obligor" is a person who owes a duty of support as determined by a court or administrative agency of competent jurisdiction.

  3.  Any party in possession of a judgment or order for child support or maintenance may request levy and execution from a court of competent jurisdiction against real or personal property held by the obligor jointly with another person as provided in this section.  Unless one or more of the joint owners presents to the court, within ten days after the return date of the execution, a true copy of a prior written agreement setting forth the various interests of the joint owners, or the court determines otherwise after holding a hearing as provided for in subsection 5 of this section, it shall be presumed that the interests of the joint owners are equal.  Upon levy, the execution shall constitute a lien against the obligor's presumed interest in the property.  Any one or more of the joint owners may obtain relief from the lien by filing with the court a copy of a prior written agreement setting forth the various interests of the joint owners, without the necessity of filing a petition under subsection 5 of this section.  A copy of the written agreement shall be sent by regular United States mail to the party requesting execution, who may challenge the validity or authenticity of the agreement by filing a petition pursuant to subsection 5 of this section.

  4.  Upon being served with an execution issued pursuant to this section, any third party in possession of jointly owned property may interplead said property as otherwise provided by law.  Commercial banks may utilize the interpleader procedure authorized by the provisions of section 362.360.  The third party shall notify the owners of the property that the property has been levied upon if the owners have addresses of record with the third party.

  5.  Either party, or any other joint owner as provided in subsection 1 of this section, may petition the court for a determination that the interests of the joint owners are disproportionate by filing a proper motion in the cause of action from which the levy and execution was issued.  The party filing the motion shall have the burden of proof as to the claim that the interests of the joint owners are disproportionate.  If subject to the jurisdiction of the court, all persons owning affected real or personal property jointly with an obligor shall be made parties to any proceeding to determine the respective interests of the joint owners.  After a hearing on the motion, the court shall enter an appropriate order determining the various interests of each of the joint owners, and authorizing execution against the obligor's share for satisfaction of the child support or maintenance obligation.

  6.  The court may assess costs and reasonable attorney's fees against the obligor, if the court determines that the obligor has an interest in the affected jointly held property.  If the court determines that the obligor has no interest in the property, costs and attorney's fees may be assessed against the party who requested the execution.

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(L. 1986 H.B. 1479 § 3)

CROSS REFERENCE:

Roth IRA not exempt from attachment for child support and maintenance, 513.430

(1988) Partnership funds are not property held in the form of joint interest under this section. Under the Uniform Partnership Law, the proper method to "seize" the interest of an individual partner in a partnership is to apply to the court for a charging order. (Mo.App. E.D.) Wills v. Wills, 750 S.W.2d 567.