Section 451.300

Title XXX DOMESTIC RELATIONS

Chapter 451

Effective - 28 Aug 2001   

  451.300.  Conveyance of property when one of the spouses is disabled and under conservatorship or a guardian ad litem is appointed. — The spouse of any person who is under conservatorship may join with the conservator in making partition of his or her own real estate held in joint tenancy, or in common, and may, jointly with the conservator, make any release or other conveyance necessary and proper for that purpose; and he or she may sell and convey his or her own real estate by joining with the conservator in such sale and conveyance, to be under the order and supervision of the proper court, and deeds executed jointly by himself or herself and such conservator shall have the same force and effect as if done with his or her spouse if such spouse had been under no disability; and in all cases where the real estate of such person shall be sold by his or her conservator in due conformity to law, he or she may relinquish his or her right in such real estate as fully as if his or her spouse joined in the deed of release; and when a person is found to be disabled as defined in chapter 475, and his or her spouse is the owner of real estate in this state that he or she desires to convey, then, upon provision made for such disabled person, according to his or her needs, and according to the ability, situation in life and circumstances of his or her spouse, and to his or her safely secured under the order and control of the proper court, the conservator of such disabled person may, under the order and approval of the court, join in a deed, on behalf of such disabled person, for the purpose of conveying his or her homestead, interest in such real estate; and if he or she has no conservator, then the court may appoint a guardian ad litem pursuant to chapter 475 who may, in like manner, upon the conditions and under the order of the court, join with the spouse on his or her behalf in such deed; and such conveyance, when executed, as aforesaid, by either the conservator or the guardian ad litem and the spouse of such person, shall be as valid and effectual to convey any land owned by such spouse, including his or her homestead, and shall have the effect of releasing the spouse's homestead in the real estate as fully as if he or she had, under no disability, of his or her own free will, executed and acknowledged the same; provided, that no such order of conveyance shall be made by the court until application made thereto, in writing, by such spouse, setting forth the facts, and twenty days' public notice given of the time and place of hearing such application has been given by publication in a weekly newspaper of general circulation published in the county.

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(RSMo 1939 § 3384, A.L. 1983 S.B. 44 & 45, A.L. 2001 H.B. 537)

Prior revisions: 1929 § 2997; 1919 § 7322; 1909 § 8303

CROSS REFERENCE:

Conveyance of estate by entireties where spouse is a minor or incompetent, 442.035