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MO Senate Bill 1359

Legislation

State: Missouri
Signed: July 11, 2024

Effective: August 28, 2024
Chapter: TBD

Summary

Repeals the requirement that a notarial certificate describe a married woman’s status as "wife" when executing a certificate of acknowledgment with her husband in a real estate transaction.

Affects

Amends Section 442.210 of the Missouri Revised Statutes. 

Changes
  1. No longer requires a married woman who acknowledges an instrument affecting real estate with her husband to be described in the acknowledgment as his wife. 

  1. Provides that the wife's acknowledgment must be taken and certified as if she were sole, and no longer requires separate examination of the married woman.  

Analysis

Missouri modernizes its statute by repealing an antiquated provision pertaining to a married woman’s execution of real estate documents. The repealed provision required the married woman to be described as “wife” of the husband, required the wife’s acknowledgment to be taken as if she were acting independently, and clarified that no separate examination of the woman was required. 

Such laws appeared in the 19th century to protect a married woman’s rights by independently recognizing her acknowledgment on certain legal documents when signing along with her husband. 

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