missouri divorce property question-please help!!!!!!!!

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Latest post 03-21-2010 9:57 PM by Drew. 5 replies.
  • 03-09-2010 11:42 PM

    missouri divorce property question-please help!!!!!!!!

    ok heres the situation: married in missouri 6 years ago. we bought a house shortly after being married but his name is on the mortgage only and both names were put on title. about 4 years ago we seperated and decided to divorce. we had a paralegal draw up papers no one contesting anything. i signed a quit deed removing my name from the house and moved out. my husband was to file that with the local recorders office and the divorce papers to the court. well he sure turned in the title paperwork but never the divorce paperwork. we then got back together but now my name is not on the house. here we are 4 years later ready to probably divorce. i live in the home he has moved out. i have now been out of work for a year and due to that and credit issues i wouldnt be able to take the mortgage over in my name but do not want to move. do i have any rights should this all go to divorce court? i have had several people say well you will get the house but i couldnt see anyone saying he had to pay for it still for another 15 years? i do have 2 children from a previous marriage that have been in the home but since their not technically his children i dont know if that would matter much? can someone give me some clarifications on what rights i would have to stay in the home? thank you so much.

  • 03-09-2010 11:52 PM In reply to

    • Kivi
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    Re: missouri divorce property question-please help!!!!!!!!

    You likely will have a marital property interest in the home in spite of the quit claim deed because you reconciled.  You probably can easily establish that the marital estate paid the mortgage, etc. after you reconciled.  When you see a family law attorney, he or she probably will record a les pendis against the property until these matters can be resolved.  The les pendis will prevent him from selling the home out from under you.

    However, that only means that you will get a share of the equity, if any.  If you can't buy him out, then you two need to sell the home and split the equity in whatever way you and he deem equitable.  No court is going to give you a home that you cannot afford and make him pay for it.  If you cannot agree about the split on the equity, then a court probably will decide it for you. 

    If, like many people, you are underwater on your mortgage, then I can guarentee you that quit claim deed won't mean didly.  You can be sure that he will expect you "to share the pain".

    Your two children from a previous marriage/relationship will not matter here.  He has no legal obligation to provide for children that are not his biological or adopted children.

    Consult local counsel.

  • 03-09-2010 11:55 PM In reply to

    • Drew
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    Re: missouri divorce property question-please help!!!!!!!!

    Laymans take: Why do you think your rights are any greater than his--if anything he owns it!

    As his wife you probably have someclaim to a portion of the equity/value  under equitable distribution but not necessarily 50/50. 

    You will get something--but not necessarily the home----lets say for some reason you get 40% of the pot--you may have some say as to what form you get the 40% in---

     

    The quit claim might muddy the waters as to your equity position prior to that time --

     

    Bottom line your options are best reviewed with counsel!



  • 03-10-2010 7:45 AM In reply to

    • SPlum
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    Re: missouri divorce property question-please help!!!!!!!!

    Kivi and Drew are right, bottom line is - why would you want a house you can't afford?  The courts are NOT going to make him pay for a house you get to keep and you to live there and most likely will make you refinance into your own name. If you can't refinance and you can't afford the payments, how is this a good move?

    Your rights? You have a right to pay him his share of the house or if you reside in an equitable distribution state, he could possibly take his share of the value of the house from other marital assets you may have.  &nbsp... won't get the entire value of the house and you SHOULDN"T want a house you can't afford on your own.    I know you have been living there, but seriously, divorce is a fresh start, if you can't afford it, don't fight for it.  

     

     

  • 03-11-2010 12:39 AM In reply to

    Re: missouri divorce property question-please help!!!!!!!!

    well what has happend is i owned a home tht was inherited to me, i sold it and put the money into this house, and paid off HIS debts. there was enough money to pay his or mine so like an idiot i paid his up. now of course my credit would prevent me from taking over this mortgage. the house payment is 250.00 easily affordable and i put alot of money into this house so i dont think the mortgage is upside down so thats good im sure. i just really was wondering if i would be put out on the street not necessarily i get the house and he continues to pay for it ( i knew better than that and certainly understand) the only thing is the 6 years we lived here i paid all the dang bills while he horded his money. i paid the downpayment on this house. i paid for everything and was a little nervous we would go to court and since i couldnt get a mortgage in my name i would be sitting on the curb. that was really my only reason for posting.

  • 03-21-2010 9:57 PM In reply to

    • Drew
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    Re: missouri divorce property question-please help!!!!!!!!

    As to ownership issues, you apparently signed a quit claim deed to him and no gun was to your head.  You paid for it  so be it but yougave that all away via quit claim.

    He owns it , he can toss most occupants.

    He may not be able to toss a spouse from marital home--beyond me--could in some states.

    You may have an equitable share of the pot--but you might only have it post the quit claim date as to value increase.   You gave away your marbles via the quit claim--most unwise--who the heck counseled you to do that!



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