CYNTHIA L. MARTIN, Judge.
This appeal involves the effect of a judicial decree of legal separation on the property rights of a spouse following the death of the other spouse.
Following the death of Janice M. Bakewell ("Ms. Bakewell"), John Bakewell ("Mr. Bakewell") filed a declaratory judgment action against Laurie Breitenstein ("Breitenstein"), successor trustee of Ms. Bakewell's living trust, and Jerry Lawson ("Lawson"), trustee on a deed of trust executed by Ms. Bakewell in favor of CitiFinancial Services, Inc. Mr. Bakewell sought a declaration that he was the lawful owner of real estate awarded to Ms. Bakewell in a legal separation judgment prior to her death. Breitenstein counterclaimed and sought a declaration that Ms. Bakewell's living trust was the lawful owner of a deferred compensation account awarded to Ms. Bakewell in the legal separation judgment. The trial court granted summary judgment finding Mr. Bakewell possessed no rights in the real estate and declaring the living trust to be the owner of the deferred compensation account. Mr. Bakewell appeals, pro se.
We affirm.
The material facts are not in dispute. In 1977, Mr. and Ms. Bakewell married. In 1989, Mr. and Ms. Bakewell purchased a home located at 241 Fredricks Lane, Jefferson City, Missouri ("the Real Estate"). In 2004, Ms. Bakewell filed for legal separation from Mr. Bakewell. On February 17, 2005, the Cole County Circuit Court entered a judgment and decree of legal separation ("the Separation Judgment"), in which the trial court approved a property settlement agreement and divided the marital property and debts between Mr. Bakewell and Ms. Bakewell.
Pursuant to the Separation Judgment, Ms. Bakewell was awarded the Real Estate and her "PEBSCO deferred compensation plan" ("the Deferred Compensation Account") as her sole and separate property. The Separation Judgment provided that Mr. Bakewell "shall have no right, title, or interest" in the Real Estate or the Deferred Compensation Account. Similarly, the Separation Judgment awarded Mr. Bakewell certain property as to which Ms. Bakewell was ordered to "have no right, title, or interest."
The Separation Judgment also generally ordered the parties to "execute appropriate deeds, quit-claims, and such certificates of title or other documents as are necessary to show sole ownership of the items of real and personal property awarded to each herein." On February 28, 2005, Mr. Bakewell executed a quitclaim deed ("Quitclaim Deed"), wherein Mr. Bakewell, "in conformance with [the Separation Judgment]," agreed to "Remise, Release and forever Quit-Claim" the Real Estate to Ms. Bakewell "so that neither [Mr. Bakewell] nor his heirs ... shall or will hereafter claim or demand any right or title to the [Real Estate], but they, and every one of them shall, by these presents, be excluded and forever barred." The Quitclaim Deed was recorded on July 8, 2005.
In 2008, CitiFinancial Services, Inc. ("CitiFinancial") extended credit to Ms. Bakewell in the principal sum of $47,100.62. Ms. Bakewell executed a deed of trust ("Deed of Trust") in favor of CitiFinancial granting it a lien on the Real Estate to secure payment. Lawson is the trustee on the Deed of Trust.
On July 2, 2010, Ms. Bakewell conveyed the Real Estate by deed ("Deed") into the "Janice M. Bakewell as Trustee of the `Janice M. Bakewell Living Trust Dated July 2, 2010'" ("Trust").
On August 30, 2010, Mr. Bakewell filed a declaratory judgment against Breitenstein, as successor trustee of the Trust, and against Lawson, as trustee for CitiFinancial on the Deed of Trust.
Breitenstein counterclaimed seeking a declaration that the Deferred Compensation Account was the property of the Trust.
Mr. Bakewell, Breitenstein, and Lawson filed competing motions for summary judgment addressing the claims asserted in Mr. Bakewell's petition.
On April 7, 2011, the trial court entered a partial summary judgment finding, in pertinent part:
(Emphasis added.)
On May 2, 2011, Mr. Bakewell appealed. While his appeal was pending, Breitenstein filed a motion for summary judgment on her counterclaim regarding the Deferred Compensation Account. Breitenstein asserted that the Separation Judgment awarded the Deferred Compensation Account
On February 21, 2012, we dismissed Mr. Bakewell's appeal because the partial summary judgment entered by the trial court was not a final judgment for purposes of appeal. Bakewell v. Breitenstein, 363 S.W.3d 353 (Mo.App. W.D.2012).
On May 25, 2012, the trial court entered summary judgment ("Judgment") granting Breitenstein's counterclaim by declaring that Mr. Bakewell "retains and holds no ownership or marital interest" in Ms. Bakewell's Deferred Compensation Account and that the Trust is the true and rightful owner of the Deferred Compensation Account. The Judgment also entered judgment in favor of Breitenstein and Lawson on all of Mr. Bakewell's claims by incorporating the partial summary judgment previously entered by the trial court by reference.
Mr. Bakewell appeals.
"`When considering appeals from summary judgments, [we] will review the record in the light most favorable to the party against whom judgment was entered.'" State ex rel. Ad Trend, Inc. v. City of Platte City, 272 S.W.3d 201, 203 (Mo.App. W.D.2008) (quoting ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993)). "`Our review is essentially de novo. The criteria on appeal for testing the propriety of summary judgment are no different from those which should be employed by the trial court to determine the propriety of sustaining the motion initially.'" Id. (citation omitted). "`Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.'" Sauvain v. Acceptance Idem. Ins. Co., 339 S.W.3d 555, 568 (Mo.App. W.D. 2011) (citation omitted).
Mr. Bakewell asserts five points on appeal.
In his first three points on appeal, Mr. Bakewell claims that the trial court erred in "reforming" the Quitclaim Deed. The
"In Missouri, a conveyance of real property to a husband and wife as co-grantees is presumed to create a tenancy by the entirety if there are no limiting words in the operative clauses of the deed." Ronollo v. Jacobs, 775 S.W.2d 121, 123 (Mo. banc 1989). In a tenancy by entirety, "[e]ach spouse is seized of the whole or entirety and not a share, moiety or divisible part. Thus, neither spouse owns an undivided half interest in entirety property; the whole entirety estate is vested and held in each spouse and the whole continues in the survivor." Id. (internal citation omitted). Given the distinctive characteristic of a tenancy by the entirety such that the estate is deemed owned by a single entity, "`neither spouse has any right, title or interest which may be conveyed, encumbered or devised by his or her sole act....'" US Bank Nat'l Assoc. v. Cox, 341 S.W.3d 846, 855 (Mo.App. W.D.2011) (quoting Stewart v. Shelton, 356 Mo. 258, 201 S.W.2d 395, 398 (1947)) (emphasis in original); see also WILLARD L. ECKHARDT, POSSESSORY ESTATES, FUTURE INTERESTS AND CONVEYANCES IN MISSOURI section 40 (West 1986) (neither spouse can convey any interest held by the entirety unless the other spouse joins in the conveyance).
Prior to the entry of the Separation Judgment, it is not contested that Mr. and Ms. Bakewell held the Real Estate as tenants by the entirety.
Mr. Bakewell thus correctly argues that in the ordinary course, "[s]o long as spouses remain married ... a tenancy by the entirety may be terminated or severed only by joint and mutual action on the part of husband and wife." Ronollo, 775 S.W.2d at 123. Thus, "[a] deed by only one of two tenants by the entirety conveys nothing." Ethridge v. TierOne Bank, 226 S.W.3d 127, 132 (Mo. banc 2007). This principle has been consistently applied to void a conveyance instrument executed by only one tenancy by the entirety spouse. See, e.g., Austin & Bass Builders, Inc. v. Lewis, 359 S.W.2d 711, 714 (Mo. banc 1962); US Bank, 341 S.W.3d at 855. Specifically relevant to this case, this principle has been applied to void a quitclaim deed wherein one tenancy by the entirety spouse purports to transfer his or her interest to the other. Blair v. Blair, 317 S.W.3d 84, 89 (Mo.App. S.D. 2010).
In reliance on this line of authority, Mr. Bakewell argues that the Quitclaim Deed he executed in favor of Ms. Bakewell had no legal effect because Ms. Bakewell
It has long been recognized that "[t]he divorce of tenants by the entirety destroys the tenancy and converts it into a tenancy in common." Ronollo, 775 S.W.2d at 123 (citing Allan v. Allan, 364 S.W.2d 578, 582 (Mo.1963)). This effect is automatic, notwithstanding the absence of a mutually executed conveyance document. Jones v. Jones, 325 Mo. 1037, 30 S.W.2d 49, 55 (1930) ("Upon the dissolution of the marital status,
Similarly, the legislature has empowered courts to destroy tenancy by the entirety estates as a part of marital property divisions. Section 452.330.1 provides that in proceedings for "dissolution of the marriage
See Thompson v. Chase Manhattan Mortgage Corporation, 90 S.W.3d 194, 202 (Mo. App. S.D.2002) (holding that pursuant to Rule 74.07, decree may direct party to sign and deliver quitclaim deed but may also independently divest party of ownership interest); Bridgeman v. Bridgeman, 63 S.W.3d 686, 693 (Mo.App. E.D.2002).
Thus, the preliminary question before us is whether the Separation Judgment independently divested Mr. Bakewell of title in the Real Estate without need for further action by the parties. If so, then Mr. Bakewell is foreclosed from claiming an interest in the Real Estate as a matter of law, as "[a] judgment of dissolution of marriage or of legal separation is final when entered" and "as it affects distribution of marital property shall be a final judgment not subject to modification." Section 452.360. See also In re Marriage of Green, 341 S.W.3d 169, 174 (Mo.App. E.D.2011) ("A party cannot seek redistribution of property covered by [a] decree."); section 452.330.5 ("The court's order as it affects distribution of marital property shall be a final order not subject to modification[.]"). And if so, Mr. Bakewell's complaint
Here, the trial court found in its partial summary judgment (the totality of which was incorporated by reference into the Judgment) that "[Mr. Bakewell] was divested of his title and interest in said Real Estate as a result of the [Separation Judgment] entered by this court[.]" The Separation Judgment provided, in pertinent part:
(Emphasis added.)
We agree with the trial court's legal conclusion that the Separation Judgment clearly operated to convey the Real Estate to Ms. Bakewell without the requirement of additional action by the parties. The Separation Judgment awarded the Real Estate to Ms. Bakewell and declared Mr. Bakewell to have no further interest in the Real Estate. The Separation Judgment thus extinguished the tenancy by the entirety in the Real Estate.
It is true that in addition to including language sufficient to convey title in the Real Estate without further action by the parties, the Separation Judgment also ordered the Bakewells to execute deeds of conveyance. Although DeWitt recognizes that either mechanism may be used to effect a division of marital property, we are aware of no authority which holds that if both mechanisms are included in a decree, the decree cannot be treated as independently
We are also aware that the Separation Judgment did not include a legal description for the Real Estate, an omission noted by the trial court in the Judgment. A decree of dissolution or legal separation which intends to operate as a present conveyance of real estate should contain a full legal description "`to ensure that the filing of the decree with the recorder of deeds is effective in dispelling future questions as to land title.'" Ricklefs, 39 S.W.3d at 879 (citation omitted). Though the omission of a legal description may have impacted the ability to record the Separation Judgment as to effectively impart notice of the conveyance of title, said omission had no impact on the legal effectiveness of the Separation Judgment to convey title in the Real Estate to Ms. Bakewell. The Separation Judgment clearly identified the Real Estate by its popular address, and Mr. Bakewell does not argue that the Separation Judgment is vague or ambiguous in its description of the Real Estate.
Our conclusion that the Separation Judgment included sufficient language to convey title in the Real Estate to Ms. Bakewell distinguishes this case from DeWitt where the Supreme Court found the language of a divorce decree insufficient to convey wife's interest in real estate without an affirmative act by her. 667 S.W.2d at 706. In DeWitt, husband and wife entered into a property settlement agreement which required Wife to execute a quitclaim deed to husband. Id. at 705. The divorce decree incorporated the property settlement agreement and ordered its performance. Id. at 705-06. The Supreme Court observed that the "decree merely orders the parties to do certain acts and does not automatically convey the property by its plain language." Id. at 706. Thus, the "decree of divorce was insufficient in its language to effectuate a conveyance without an affirmative act by [the parties]." Id.
The Separation Judgment in this case is also distinguishable from the decree in Ronollo. 775 S.W.2d 121. In Ronollo, a decree of legal separation ordered real estate to be sold and the proceeds to be divided equally. Id. at 122. Wife was ordered to pay her attorney's fees from her share of the proceeds. Id. Wife executed a deed of trust against the real estate in favor of her attorney to secure her payment obligation. Id. Five months later, the trial court converted the decree of legal separation to a decree of dissolution. Id. at 123. Five years later, wife and her new husband filed a petition seeking to set aside the deed of trust. Id. In finding that the decree of legal separation did not destroy the tenancy by the entirety relationship, the Supreme Court reasoned:
Id. at 124. Because the deed of trust was extended by wife while the real estate was still tenancy by the entirety property, it was void. Id.
Here, in sharp contrast to the decrees involved in DeWitt and Ronollo, the Separation Judgment unequivocally altered the manner in which the Bakewells held title to the Real Estate, thus severing the tenancy by the entirety without need for further action by the parties. Accordingly, we find that Mr. Bakewell was divested of any and all interest in the Real Estate upon entry of the Separation Judgment. The Quitclaim Deed was neither required nor essential to destroy the tenancy by the entirety in the Real Estate. Thus, Mr. Bakewell's challenges to the trial court's alleged "reformation" of the Quitclaim Deed are unavailing and immaterial.
Mr. Bakewell also argues in his first three points relied on that he never waived his marital inheritance rights. Obviously, the materiality of this contention is rendered moot by our determination that the Separation Judgment operated to divide the Bakewell's marital property as required by section 452.330.1, and did so in such a fashion as to effectively convey title without the need for further action by the parties. Under these circumstances, a "waiver" of marital inheritance rights is not required, as upon entry of the Separation Judgment, the marital property was divided, and no longer jointly owned. In any event, the Separation Judgment was entered consistent with a property settlement agreement reached between the Bakewells, permitting the intent to waive marital inheritance rights to be implied.
Points One, Two, and Three are denied.
For his fourth point, Mr. Bakewell claims that the trial court erred in upholding CitiFinancial's Deed of Trust "because the recording system exists to prevent the improper incumbrance of property in that the legal separation which was a matter of record in the court of the couny [sic] where the property was located, as well as the deed itself, gave notice that [Ms. Bakewell] was not a single person as she alleged."
In light of our determination that the Separation Judgment terminated any interest that Mr. Bakewell had in the Real Estate, he lacks standing to challenge the validity of the Deed of Trust. See Nigro v. Ashley, 690 S.W.2d 410, 417 (Mo.App. W.D.1984) (where plaintiffs have no interest in the property, they have no standing); Crumbaker v. Zadow, 151 S.W.3d 94, 96 (Mo.App. E.D.2004) ("Reduced to its essence, standing roughly means that the parties seeking relief must have some personal interest at stake in the dispute[.]").
Point Four is denied.
For his fifth and final point, Mr. Bakewell argues that the trial court erred when it awarded Ms. Bakewell's Deferred Compensation Account to Breitenstein because federal law requires qualified deferred compensation plans to be payable to
Mr. Bakewell does not argue that the Separation Judgment failed to effectively convey title to the Deferred Compensation Account to Ms. Bakewell at the time of its entry. The Separation Judgment awarded the Deferred Compensation Account to Ms. Bakewell as her "sole and separate property" to which Mr. Bakewell has "no right, title or interest therein." Thus, like Mr. Bakewell's claim to the Real Estate, any claim Mr. Bakewell may have had to the Deferred Compensation Account was extinguished by the Separation Judgment. "A judgment of dissolution of marriage or of legal separation is final when entered" and judgment "as it affects distribution of marital property shall be a final judgment not subject to modification." Section 452.360. "A party cannot seek redistribution of property covered by the decree." Green, 341 S.W.3d at 174.
Moreover, Mr. Bakewell does not contest that the Separation Judgment was entered following, and consistent with, the Bakewells' negotiated property settlement agreement. Mr. Bakewell offers us no authority to suggest that under these circumstances, his rights as a surviving spouse in the Deferred Compensation Account were not waived.
Point Five is denied.
The trial court's Judgment is affirmed.
All concur.