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Marital Rights Waiver Missouri Form With Spouse

State:
Multi-State
Control #:
US-01395BG
Format:
Word; 
Rich Text
Instant download

Description

A free trader agreement is often used between spouses when one spouse wants to purchase property without putting their spouse on the deed. It is also used to ensure that the spouse does not obtain an interest in the property. The spouses typically agree that neither will create any obligation in the name of or against the other, nor secure or attempt to secure any credit upon or in connection with the other, or in his or her name. This form only deals with a particular piece of real property.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Designation of Separate Property and Release of Marital Property Rights Regarding Certain Real Property - Free Trader Agreement as to Certain Real Property
  • Preview Designation of Separate Property and Release of Marital Property Rights Regarding Certain Real Property - Free Trader Agreement as to Certain Real Property

How to fill out Designation Of Separate Property And Release Of Marital Property Rights Regarding Certain Real Property - Free Trader Agreement As To Certain Real Property?

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FAQ

If the current owner making the transfer is married, his or her spouse should also sign the deed in most cases. Including both spouses' signatures avoids future title issues that may result from a non-owner spouse's marital rights in the property.

As far as a lender is concerned, a Marital Waiver is necessary where the spouse acknowledges a lien on the subject property, subordinating their interest in the real property to the lienholder. In Missouri, a spouse must either be on the DOT or sign a waiver. Lenders prefer to have both spouses on the Deed of Trust.

Most title companies will require the non-owner spouse to sign a spousal waiver, waiving their interest in the property, in order to complete the sale.

Missouri is not a community property state in a divorce. Missouri is an equitable distribution state, which means that property will be divided by the court in a manner that is fair to both parties but not necessarily equally.

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Marital Rights Waiver Missouri Form With Spouse