2005 Missouri Revised Statutes - § 516.060. — Spouse not joining in conveyance prior to 1900, barred, when.

516.060. In all cases where the holder or owner of the legal or equitable title or estate to real estate situate within this state, conveyed any such real estate or any interest therein by deed, mortgage, bond for deed, contract for sale or conveyance of real estate, or by other instrument executed prior to the first day of January, 1900, and the spouse failed to join therein, then such spouse so failing to join therein, or the heirs at law, personal representatives, devisees, grantees or assignees of such spouse so failing to join therein shall be barred from recovering any right, title, interest or estate in and to the lands described in such instrument so executed by the other spouse unless suit is brought therefor within two years after this section takes effect; but in case the right under such distributive share has not accrued by the death of the spouse making any such instrument, then the one not joining therein is hereby authorized to file in the office of the recorder of deeds of each county wherein such land or any part thereof is situate, a notice duly sworn to by the claimant or claimants, setting forth the claim of the affiants, together with the facts upon which such claim or claims rest, the residence of such claimants and a complete description of the land so claimed and affected thereby; and if such notice, as herein provided, is not filed as required by this section within two years from the date this section goes into effect, then such claim or claims shall be forever barred, and no action shall be brought in any court in this state for the recovery of such lands or any part thereof or any interest therein.

(RSMo 1939 § 1009)

Prior revisions: 1929 § 857; 1919 § 1312

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