Missouri Marital Property Laws for Debt Collectors & Judgment Creditors

🏠 Missouri Marital Property: The Creditor’s Overview

Missouri is a common law property state governed by the Missouri Revised Statutes (Mo. Rev. Stat.). Missouri does not recognize tenancy by the entirety, and its $15,000 homestead exemption is one of the lowest in the nation. The combination creates a highly creditor-favorable enforcement environment — jointly held marital property is directly reachable for the debtor’s proportionate share, and virtually all real estate equity above a minimal $15,000 threshold is encumbered by a judgment lien.

Kansas City and St. Louis both have median home prices well above $200,000 — leaving $185,000+ of equity exposed on even an average Missouri home. Missouri also has the procedural distinction of having St. Louis City as a separate independent city jurisdiction (not part of St. Louis County), requiring separate lien filings in each.

🚫 No Tenancy by the Entirety in Missouri

Missouri does not recognize tenancy by the entirety. Jointly held marital real estate is not shielded from single-spouse creditor claims. The debtor’s proportionate interest — typically 50% — is directly reachable via judgment lien. Joint bank accounts are similarly reachable for the debtor’s share. A partition action may be needed to force sale of jointly held real estate.

🏠 Missouri’s $15,000 Homestead — Most Equity Exposed

Missouri’s homestead exemption (Mo. Rev. Stat. §513.475) is only $15,000 for an individual debtor ($30,000 for married debtors jointly claiming). This is among the lowest in the nation and leaves the vast majority of Missouri residential real estate equity exposed to judgment liens. Missouri’s housing market, while affordable compared to coastal states, routinely produces home values of $150,000–$400,000+ in Kansas City and St. Louis metros — with $135,000–$385,000+ of equity above the homestead cap.

⚖️ Common Law Property Rules for Creditors

👩‍⚖️ Spousal Liability for Debts in Missouri

Missouri common law generally protects each spouse from the other’s individual debts. Mo. Rev. Stat. §451.290 creates mutual liability for certain family expenses.

• 📄Joint contracts — both spouses co-signed
• 🏥Mo. Rev. Stat. §451.290 — mutual liability for family expenses including medical care and household necessaries
• 💳Joint credit accounts — both spouses named account holders
• 🏠Joint mortgage — both spouses signed promissory note and deed of trust
• 💼Joint business guarantees

💰 Missouri Wage Garnishment Rules

Missouri allows standard wage garnishment at 25% of disposable earnings following the federal CCPA framework. Missouri has no head-of-household exemption eliminating consumer wage garnishment. Missouri uses an “execution” and “garnishment” procedure served on the employer.

🏠 Judgment Liens on Missouri Real Property

Missouri judgment liens are created by recording a certified copy of the judgment (or filing a Memorandum of Judgment) with the Recorder of Deeds in each county or St. Louis City where the debtor owns real property. Missouri’s $15,000 homestead leaves most residential equity exposed. No TBE means jointly held marital real estate is directly reachable for the debtor’s proportionate share.

1. Obtain certified judgment copyFrom the Missouri Circuit Court. For out-of-state judgments, domesticate in Missouri Circuit Court under Mo. Rev. Stat. §511.760 et seq. (Uniform Enforcement of Foreign Judgments Act).
2. Record in each relevant county AND St. Louis City separatelyMissouri has 115 counties AND St. Louis City as a separate independent jurisdiction — 116 total. St. Louis City is NOT part of St. Louis County. Record with the Recorder of Deeds in each relevant county and separately with St. Louis City Recorder of Deeds if the debtor holds property there.
3. No TBE — jointly held property is directly reachableThe debtor’s share of jointly held marital real estate — including Lake of the Ozarks vacation properties, Kansas City investment properties, and St. Louis metro homes — is directly accessible via lien. After the $15K homestead offset, virtually all equity is reachable.
4. Renew before 10-year expirationMissouri judgment liens are valid for 10 years and renewable.

🏢 Bank Account Levies & Personal Property in Missouri

• 📋Obtain a writ of execution from the Circuit Court
• 🏢Serve garnishment on financial institutions through the court
• 👥Joint bank accounts: debtor’s proportionate share reachable — no TBE for MO bank accounts
• 💵Federal benefits: protected for 2 months of direct deposits under federal law
• 💰Non-wage deposits (rental income, business distributions) fully reachable
• 🚘Vehicle exemption is only $3,000 — virtually all vehicle equity above this minimal threshold is exposed

🛡️ Missouri Property Exemptions

🔍 Skip Tracing Married Debtors in Missouri

Missouri’s 116 jurisdictions (115 counties + St. Louis City) span two major metro areas: Kansas City (Jackson, Platte, Clay, Cass, Clay, Boone counties) and St. Louis (St. Louis County, St. Louis City, St. Charles, Jefferson, Lincoln counties). Missouri also has Springfield (Greene County), Columbia (Boone County, University of Missouri), and the Lake of the Ozarks vacation corridor. The Kansas City metro extends into Kansas across the state line — debtors may own property in both states.

📋 Step-by-Step: Collecting from a Married Missouri Debtor

1. Run property search across all relevant jurisdictions — including St. Louis City separatelySearch all relevant county Recorders and separately search St. Louis City Recorder if debtor has any St. Louis metro connection. No TBE means jointly held and individually held real estate are both accessible. Use our professional asset search.
2. Record judgment lien in each relevant jurisdictionFile with Recorder of Deeds in each county AND St. Louis City if applicable. Missouri’s $15K homestead means almost all residential equity is encumbered. Investment and vacation properties are fully exposed. See our judgment lien guide.
3. Initiate wage garnishmentStandard 25% CCPA via garnishment served on employer. Boeing Defense, Centene, Edward Jones, and Kansas City healthcare system employees are high-income stable targets. No head-of-household exemption.
4. Serve garnishment on financial institutionsJoint bank accounts reachable for debtor’s share — no TBE. Only a $3,000 vehicle exemption means vehicles are also viable levy targets. See our asset levy guide.
5. Schedule debtor examinationCompel disclosure of all Lake of the Ozarks vacation real estate, investment properties, and life insurance cash values (which have a $150K exemption — values above that are reachable). See our debtor examination guide.

Frequently Asked Questions

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