Legal Question in Family Law in Missouri

Co-owner of a home

I co-own a home with my ex-fiance'. We both have kids from previous marriages that live in the home with us. Things have broken off between us, and the situation is no longer healthy for the kids. I am moving my stuff out of the house, and supposedly she is going to refinance to remove my name from the loan and buy me out. My concern is , by moving out do I hand over all rights on the hom eto her, and I am also concerned that she won't then go get the loan to buy me out. What are my options to protect myself? She has already proven mental issues that are recodred through the Police Dept.


Asked on 4/26/07, 12:48 pm

1 Answer from Attorneys
Penny Umstattd-Cope The Umstattd-Cope Law Firm, LLC

Re: Co-owner of a home

If your name is on the title to the real estate she cannot do anything with it without your approval (and signature). If she does not do as the two of you have agreed, you will need to go to court to force a sale of the real estate. By leaving the home, you are not giving up your rights to the house since your name remains on the title. However, I would suggest you get the agreement in writing before you do move out. If the situation is not healthy for your children, they should be your first concern as custody may become an issue if you do not. Also, if your name is on the loan and she does not pay the monthly amount, you are still liable for it and it could hurt your credit. Further, there is nothing to prevent her from not maintaining the residence or the property in it. Those are chances you take until you can get your name off.

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Answered on 4/26/07, 12:58 pm


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