Legal Question in Family Law in Missouri

When my husband and I married in 2005 I was the home owner. We built a home 3 years ago and now he wants to sell and build again but with his inheritance without my name on the new home. He is furious that I have concerns and says I'm out of his will altogether. If I agree to this and he later decides to divorce me, would I have any rights to the home?


Asked on 3/17/16, 8:52 pm

1 Answer from Attorneys

Anthony Smith LawSmith

The main question is, what do you do with the proceeds from seeking the current home? If it goes into the new house, it ( the new house) will be marital property like any other. Inherited funds can sometimes be excluded from property division. But, if it is comungled with marital property, it can be nearly impossible to re-seperate.

Obviously, there are many other criteria that could alter the division of property in a future divorce, si it is impossible to tell you what you will get.

The second question is, why did he not want your name on the new deed? Assuming you aren't going to build on the same land that your present house sits, he IR you will have to find (purchase) new land. If inheritance us to used, the wrong be a mortgage on the newly constructed house. If the inheritance isn't sufficient to fully fund construction (and purchase if the land) the new house is likely to be marital property anyway. Perhaps legal isn't the only type if counseling you might seek. Marital it couples counseling might be valuable. Don't sign any waiver of rights without having an attorney examine it for you.

Good luck

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Answered on 3/19/16, 2:45 pm


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