Michelson v. Michelson, 341 S.W.3d 811 (Mo.App. E.D. 2011)
Factual Background:
Husband and Wife were married in August 1987, had two children together, and separated in July 2007. Wife filed a petition for dissolution of marriage.
St. Louis County Circuit Court, J. Wallace, Held:
The judgment of dissolution of marriage was entered on March 1, 2010. Husband and Wife were each awarded half the value of the trust accounts held at Regions Bank. Husband raised three points on appeal.
Court of Appeals, PER CURIAM, Held:
Affirmed as modified. As to part of his second point on appeal, Husband argued the trial court did not have authority to distribute the trust accounts to him and Wife as sole and separate property because the two children were the sole beneficiaries, and therefore, had sole ownership in the trusts. Wife agreed and requested this court modify the dissolution judgment to remove the division and award of the trust accounts. This Court recognized that although a court can enter a decree of dissolution that distributes property, it does not have authority to enter a decree dividing property not owed by either the husband or the wife. Therefore, this part of point two was granted. The court found no error in Husband’s remaining arguments, which it did not detail in its opinion.