Religion Law Quiz#46 (Control of church property when a schism occurs)

Religious schisms in churches happen from time to time.  In more extreme situations, this will cause a number of people to leave a particular church.  That, in turn, raises a critical question: Who controls the church's property?  The general rule on this question is the same in Kansas and Missouri.  What is it? 

 

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Consider the following cases from Kansas and Missouri. 

 

“When a schism occurs in a church the all important question is which of the rival factions adheres to the fundamentals of the original tenets, beliefs, rules and practices of the organization and as against those who have departed therefrom the civil courts when called upon will award the church property to those who continue to adhere thereto.”   Whipple v. Fehsenfeld, 173 Kan. 427, 432, 249 P.2d 638, 642 (Kan. 1952) (citing Hughes v. Grossman, 166 Kan. 325, 201 P.2d 670, Syl. 4 (1949)); see also Simpson v. Mullineaux, 188 Kan. 139, 141, 360 P.2d 893, 895 (Kan. 1961). 

 

 

“It is the general rule that, in event of a schism in a church, the right to possession and control of the church property remains in that faction, whether majority or minority, which adheres to the faith, doctrine and established practices of the church as it existed prior to the division.”   Mills v. Yount, 393 S.W.2d 96, 100 (Mo. App. 1965); see also Zaiser v. Miller, 656 S.W.2d 312, 316–17 (Mo.App. S.D. 1983); Lewis v. Wolfe, 413 S.W.2d 314, 319 (Mo. App. 1967).

 

 

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