Legal Question in Family Law in Missouri

divorce

my wife and i are getting a divorce,a dna test was done I.m not the biological father of our child,she also wants half of the home wich my parents left me there deceased i left it in there name,can she get my house


Asked on 12/22/06, 11:14 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: divorce

First of all, the law presumes that you are the legal father of any child born during your marriage. In cases such as yours, we quite often file special pleadings which allow you to obtain your divorce and at the same time have the Court issue a Judgment of Paternity naming the actual father of the child and providing for custody, child support and so forth. If the house you mention is in your parents' names, and they are still alive then there is no problem. It is not your property. If it is in their names but they are deceased and you never cleared up the title, then it may still be safe from any claims of your wife. (Inherited property is generally separate and not marital property, but you would have to prove that it was inherited.) Also, if any marital funds were used to pay for the property, it's upkeep, taxes, insurance, and so forth, then the spouse might have a claim to the extent of the marital funds expended.

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Answered on 12/26/06, 9:21 pm


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