442.035. Conveyance of estates by the entireties by minors or disabled persons, conservator's powers and duties.
Conveyance of estates by the entireties by minors or disabledpersons, conservator's powers and duties.
442.035. 1. If any property, real or personal, including homesteadproperty, is held by a husband and wife as tenants by the entirety, whethersuch entireties estate was created before or is created after July 1, 1997,and if one spouse is an adult and competent and the other spouse is underthe age of eighteen or disabled as defined in chapter 475, RSMo, or if bothspouses are under the age of eighteen or disabled, or if one spouse isunder the age of eighteen and the other is disabled, the conservator of anysuch spouse, subject to the provisions of subsections 2 and 3 shall havefull power to act for such conservator's protectee and to do all thingswith respect to the property that the protectee could do if such protecteewere an adult and competent; and without limiting the generality of theforegoing, the conservator acting with the other spouse or the otherconservator may sell, convey, exchange, mortgage or pledge to secure loansof cash or purchase money, lease, invest, reinvest, partition the propertyor its proceeds in equal shares, convert the property or its proceeds intoa tenancy in common in equal shares, or otherwise dispose of the property.
2. The power confirmed in a conservator by this section shall at alltimes be subject to the approval, control, and supervision of the probatedivision of the circuit court having venue of the conservatorship. Eitherthe conservator or the adult and competent spouse may petition or apply tothe appropriate court for approval of an agreed proposed disposition ofproperty held by entireties. In the event the court finds that theproposed disposition is fair and equitable to the protectee taking intoconsideration all of the circumstances of the case including the properinterests of the other spouse, the court shall make appropriateauthorization of disposition and such orders as are necessary and proper inthe case. Insofar as is practicable, procedure in the probate division ofthe circuit court shall be in accord with the procedure provided in chapter475, RSMo, for a similar type of disposition of property. The court in itsdiscretion may tax the costs against both parties in equal or unequalshares, or solely against one party, or solely against the other party.
3. If one of the spouses who hold by entireties is the conservator ofthe other spouse, such conservator shall not represent such conservator'sprotectee in any negotiations for agreement respecting disposition of theentireties property or in any proceedings for approval of an agreedproposed disposition of such property, but in all such matters theprotectee shall be represented by a guardian ad litem. In such cases, onpetition or application by the adult and competent spouse, actingindividually or as conservator, for disposition of the entireties property,the court shall appoint a guardian ad litem to represent the protectee inthe matter of a proposed disposition of the property, and the guardian adlitem shall represent the protectee in any negotiations for agreement withthe adult and competent spouse and in any proceedings for approval of theagreed proposed disposition of the property. In the event the agreedproposed disposition is approved by the court, the guardian ad litem shallbe discharged and the conservator shall resume such conservator's fullconservatorship and shall do all things necessary to carry into effect thedisposition of the property as approved pursuant to authorization andorders by the court. In the event no agreement is reached after areasonable time with reference to disposition of the property, the guardianad litem shall be discharged.
4. This section has no application to the conveyance, encumbrance orsale of property by a person under the age of eighteen who holds suchproperty as a tenant by the entirety and who is authorized by law to makesuch conveyance, encumbrance or sale in person.
(L. 1959 H.B. 225 § 1, A.L. 1974 2d Ex. Sess. S.B. 2, A.L. 1978 H.B. 1634, A.L. 1983 S.B. 44 & 45, A.L. 1996 S.B. 869)Effective 7-1-97