Legal Question in Family Law in Missouri

My ex-wife and I were divorced, last May 2009. She moved out last November 2008. I have been here in our house since. She has been paying half the mortgage since moving out. We have our house listed for sale and has been on the market since March of last year. In the divorce decree it says she is entitled to half of the sales profit. Lately she has been threatening me and telling me not to get comfortable being here and that I need to get a Attorney cause she is gonna have me removed.

Is that possible? I am tired of getting threatened. I can't help that our house isn't selling. I didn't ask for the divorce, I didn't tell her to move out. All her choice, but now that she wants back in the house I am suppossed to leave? What do I do? Can she actually have me removed? I haven't done anything wrong!


Asked on 3/30/10, 3:14 pm

1 Answer from Attorneys

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

What does the Judgment say about possession of the house? I would hope that it sets forth the fact that you were to remain in the house until it was sold. In not, did the Judgment award the house to you subject to you paying your ex one-half of any sales proceeds? If neither of these are true, then I would think that both you and your ex have the right to possession of hte house since presumably you are both on the deed and both on the mortgage. If your ex hires an attorney, I would strongly suggest that you hire one as well. Otherwise, ignore her threats.

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Answered on 4/05/10, 3:24 pm


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