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State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T30 > C451 > 451_300

Conveyance of property when one of the spouses is disabled and underconservatorship or a guardian ad litem is appointed.

451.300. The spouse of any person who is under conservatorship mayjoin with the conservator in making partition of his or her own real estateheld 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 joiningwith the conservator in such sale and conveyance, to be under the order andsupervision of the proper court, and deeds executed jointly by himself orherself and such conservator shall have the same force and effect as ifdone 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 hisor her conservator in due conformity to law, he or she may relinquish hisor her right in such real estate as fully as if his or her spouse joined inthe deed of release; and when a person is found to be disabled as definedin chapter 475, RSMo, and his or her spouse is the owner of real estate inthis state that he or she desires to convey, then, upon provision made forsuch disabled person, according to his or her needs, and according to theability, situation in life and circumstances of his or her spouse, and tohis or her safely secured under the order and control of the proper court,the conservator of such disabled person may, under the order and approvalof the court, join in a deed, on behalf of such disabled person, for thepurpose 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 guardianad litem pursuant to chapter 475, RSMo, who may, in like manner, upon theconditions and under the order of the court, join with the spouse on his orher behalf in such deed; and such conveyance, when executed, as aforesaid,by either the conservator or the guardian ad litem and the spouse of suchperson, shall be as valid and effectual to convey any land owned by suchspouse, including his or her homestead, and shall have the effect ofreleasing the spouse's homestead in the real estate as fully as if he orshe had, under no disability, of his or her own free will, executed andacknowledged the same; provided, that no such order of conveyance shall bemade by the court until application made thereto, in writing, by suchspouse, setting forth the facts, and twenty days' public notice given ofthe time and place of hearing such application has been given bypublication in a weekly newspaper of general circulation published in thecounty.

(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, RSMo 442.035