474.150. Gifts in fraud of marital rights — presumptions on conveyances. — 1. Any gift made by a married person, whether dying testate or intestate, in fraud of the marital rights of the surviving spouse to whom the decedent was married at the time of such gift and who may share in the decedent's estate, shall, at the election of such surviving spouse, be treated as a testamentary disposition and may be recovered from the donee and persons taking from the decedent without adequate consideration and applied to the payment of the spouse's share, as in case of his or her election to take against the will.
2. Any conveyance of real estate made by a married person at any time without the joinder or other written express assent of such spouse, made at any time, duly acknowledged, is deemed to be in fraud of the marital rights of such spouse, if the spouse becomes a surviving spouse, unless the contrary is shown.
3. Any conveyance of the property of the spouse of a disabled person is deemed not to be in fraud of the marital rights of the disabled person if the probate division of the circuit court authorizes the conservator of the disabled person to join in or assent to the conveyance after finding that it is not made in fraud of the marital rights. Any conveyance of the property of a minor or disabled person made by a conservator pursuant to an order of court is deemed not to be in fraud of the marital rights of the spouse of the protectee.
Notes of Decisions
Cited in
49
cases (
3 in the last 5 years), 1957–2023 · leading case:
JAS Apts., Inc. v. Naji, 230 S.W.3d 354 (Mo. Ct. App. 2007).
JAS Apts., Inc. v. Naji, 230 S.W.3d 354 (Mo. Ct. App. 2007).
· cites it 13× “In addition to seeking damages for breach of contract, JAS Apartments asked the circuit court to order Naji’s specific performance of the contract and to declare that Hala Naji did not have a valid claim under Section 474.150, RSMo 2000, for fraud against marital interests.”
Edgar v. Fitzpatrick, 369 S.W.2d 592 (Mo. Ct. App. 1963).
· cites it 18× “Fitzpatrick executed the revocable declaration of trust in regard to the Keystone shares, such instrument was not binding upon Jettie and that its execution violates Section 474.150 of the Missouri Statutes as being in fraud of the marital rights.”
Matter of Est. of Froman, 803 S.W.2d 176 (Mo. Ct. App. 1991).
· cites it 11× “Section 474.150, RSMo 1986. Robert and Lola Johnston appeal from a judgment entered against them in favor of Vinita Froman, the surviving spouse of William M.”
McDonald v. McDonald, 814 S.W.2d 939 (Mo. Ct. App. 1991).
· cites it 7× “RSMo § 474.150 (1978).” In re Estate of Brown, 800 S.”
Reinheimer v. Rhedans, 327 S.W.2d 823 (Mo. 1959).
· cites it 8× “This brings us to the necessity of deciding whether the wife, Charlotte, has any rights here under section 474.150, supra. But, first, we shall consider the contention that Clarence’s deed to his sister should be set aside in toto as fraudulently procured and without…”
JAS Apts., Inc. v. Naji, 354 S.W.3d 175 (Mo. 2011).
· cites it 3× “Section 474.150, RSMo 2000, reads: 2. Any conveyance of real estate made by a married person at any time without the joinder or other written express assent of his spouse, made at any time, duly acknowledged, is deemed to be in fraud of the marital rights of his spouse, if the…”
Bernskoetter v. Kixmiller, 693 S.W.2d 249 (Mo. Ct. App. 1985).
· cites it 7× “Missouri has codified the common law action of fraud of marital rights at § 474.150 RSMo. (1978), which pertinent to this case provides: 1.”
Fed. Nat'l Mortg. Ass'n v. Pace, 415 S.W.3d 697 (Mo. Ct. App. 2013).
· cites it 4× “Pace, my spouse, may execute and deliver conveyance of this real estate without my joinder therein or without my express assent to this particular conveyance endorsed herein, as required by Section 474.150 of the laws of 1957. In witness whereof, I have hereunto set my hand this…”
Bowman v. Prinster, 384 S.W.3d 365 (Mo. Ct. App. 2012).
· cites it 3× “The Assent and Waiver provides in relevant part that: “I hereby waive any right to make any legal or equitable claim against [the Residence] now or at any future time, according to and as required by § 474.150-” 3 By signing it, Husband expressly waived any legal or equitable…”
Matter of Est. of Mitchell, 610 S.W.2d 681 (Mo. Ct. App. 1980).
· cites it 3× “Section 474.150 RSMo 1978, Nelson v. Nelson, supra at 459.”
Bishop v. Eckhard, 607 S.W.2d 716 (Mo. Ct. App. 1980).
· cites it 6× “§ 474.150 RSMo (1969). Appellant and Bernard Joseph Eckhard were married in November, 1946, and remained married until decedent’s death in April, 1977.”
Carnahan v. Curtis, 663 S.W.2d 420 (Mo. Ct. App. 1983).
· cites it 6× “The day of the hearing the guardian of the widow filed an instrument purporting to constitute an election to treat those items and others as a testamentary disposition per § 474.150. The Probate Division of the Circuit Court found two of those certificates of deposit had been…”
— Mo. Rev. Stat. § 474.150(1) — 4 cases
Bishop v. Eckhard, 607 S.W.2d 716 (Mo. Ct. App. 1980).
“§ 474.150 RSMo (1969). Appellant and Bernard Joseph Eckhard were married in November, 1946, and remained married until decedent’s death in April, 1977.”
— Mo. Rev. Stat. § 474.150(2) — 3 cases
— Mo. Rev. Stat. § 474.150(3) — 1 case
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