In an opinion from the Missouri Court of Appeals, Southern District, filed on October 4, 2012, the Court determined during a divorce proceeding that two items of real property and a business were marital property. The court found that the real estate was acquired during the marriage and the business was started during the marriage. The Husband did not present sufficient evidence to overcome the presumption that that the real estate and the business were not marital property.

The decision was In re the Marriage of Theresa Lynn Cooper and Joshua David Cooper, Case No. SD31442 (Mo.App.S.D. 2012).

For more information regarding marital property, the presumptions and exceptions, please contact Scott A. Hamblin.