Legal Question in Family Law in Missouri
Divorce decree and property settlement
Divorce complete - sale of house is pending stipulated in decree 50/50 on proceeds. Wife (me) remained in house but due to job loss mortgage 6 months in arrears. Ex wants to have the interest for the 6 months taken out of proceeds. If I (wife) demand my 50 percent at closing can ex husband come back with a law suit for the interest on those six months after closing
1 Answer from Attorneys
Re: Divorce decree and property settlement
It depends what the divorce decree says. Who is to pay the Mortgage under the terms of the divorce decree.
If you are to pay ex has a point, if it is silent as to the payment of the mortgage, then he is wrong.
As to whether he can come after you for the interest, he can but depending on whether the settlement is independent of the divorce judgment or not it may be subject to modification. If it is subject to modification, then you could ask the court to modify the decree based on change circumstances.
I would speak to my divorce attorney, if you had one.
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