The Importance of Marital Waivers in Missouri Real Estate

Why Spousal Rights Matter When Conveying Property

When title examiners review a chain of title in Missouri, they look for many important details—accurate spellings, correct legal descriptions, clean conveyances, and more. One detail that often surprises property owners is the marital status of the seller. But in Missouri real estate, this detail is not optional. It’s critical.

Under Missouri law, a spouse may have a legal marital interest in real estate, even if he or she is not listed as an owner. Because of this, title companies must verify and properly address that interest before a property can be conveyed with clear title.

Why Marital Status Matters on a Missouri Deed

Two key statutes govern spousal rights during the transfer of real estate:

Missouri Revised Statute 474.150

This law states that if a married person conveys real estate without the spouse’s participation or written consent, the transfer may be considered fraudulent to the spouse’s marital rights. If the selling spouse passes away and the non-signing spouse becomes the surviving spouse, the conveyance can be challenged unless proven otherwise.

Missouri Revised Statute 442.130

This newer statute requires that the grantor’s marital status must be included on the deed, making it easier to confirm spousal rights before closing.

Together, these laws protect spouses and ensure that property transfers are lawful and enforceable.

What Is a Marital Waiver?

A marital waiver is a signed, notarized document in which a non-owner spouse explicitly waives his or her marital rights to the property being conveyed. It serves as an alternative to having both spouses sign the deed.

A marital waiver is required in any situation where:

• One spouse owns property individually

• That spouse wants to sell, gift, or transfer the property

• The non-owner spouse is not joining as a grantor on the deed

Without this waiver—or the spouse’s signature on the deed—the title is considered defective and cannot be conveyed cleanly.

Common Situations Where a Marital Waiver Is Needed

Marital waivers appear often in Missouri closings, especially in the St. Louis area. Two common examples include:

1. Individually Owned Property

If a married person owns real estate under only their name and wants to convey it, the non-owner spouse must either:

• Sign the deed as a Grantor, or

• Sign a marital waiver

This ensures the spouse cannot later claim marital rights that were not properly released.

2. Pending Divorce

Real estate is frequently part of divorce settlements. But until the divorce is finalized, both parties still have marital rights.

If one spouse is awarded the home and wants to sell it before the divorce decree is final, the other spouse must:

• Join in the conveyance, or

• Execute a marital waiver

This prevents future title disputes and keeps the sale compliant under Missouri law.

Why This Matters for Missouri Homeowners

If you are married and own property in your name alone, you may not realize that your spouse still has a legal interest. Failing to address this interest—whether through joint signature or a marital waiver—can:

• Delay a closing

• Create a title defect

• Jeopardize a future sale

• Lead to legal challenges

The good news is that with the proper documentation, these issues are easy to avoid.

Have Questions About Marital Waivers or Spousal Rights?

At Investors Title Company, we help Missouri homeowners, buyers, and agents navigate the details that matter most during a real estate closing. Whether you’re selling individually owned property, going through a divorce, or simply unsure what your spouse needs to sign, our experienced closers are here to guide you.

Contact Investors Title Company today with your questions—we’re always happy to help you close with confidence.