Legal Question in Family Law in Missouri
jointly owned property
My wife and I are divorcing. She filed in Missouri where she lives. It's fairly amicable and we're not fighting over property or custody. We have 2 children, 11 & 13 who live with her. We jointly own 2 real estate properties in Georgia. neither are occupied at the present. I'm making the mortgage payments and can continue to do so, but I don't have the cash to get them in a saleable condition.Will the court accept an agreement between us regarding the ultimate disposition of the houses after the divorce?
2 Answers from Attorneys
Re: jointly owned property
In order to answer your question, I would need to know a little bit of additional information. Were you married in Missouri? If not, did you live here with your wife at any time? Perhaps the children were conceived in Missouri? The point is that the Missouri Court must legally have subject matter and personal jurisdiction over the marriage and over you in order for the Court to enter a Judgment dissolving the marriage and dividing marital propertyor disposing of property in which you have a legal interest. If the Court does not have sufficient jurisdiction, the Court may enter a Judgment that does not fully dispose of all of the property or all of the issues. If the Court has jurisdiction
then the Court can, and often does, approve an agreement between the parties as to the sale of marital property after the divorce and the division of proceeds. The agreement should be as detailed as possible since this is an area that is fraught with the potential for problems in the future. I should have mentioned that you should direct all of your legal questions to the attorney representing you in the divorce, and anything that I post here is not to be considered as being legal advice to you on your specific legal situation. I have handled hundreds of divorces here in Missouri over the last thirty years, and this situation comes up all of the time. If you are not represented by legal counsel, you should be, even if everything appears to be going along smoothly. Especially with children and with property, this is not a matter you should handle on your own, or relying solely upon your wife's attorney. Please consult with yor attorney, or be sure to hire one. You may call me at my office if you are not represented and I will be happy to help you.
Re: jointly owned property
This is a question for an Attorney in Missouri since each state handles things a little bit differently. We are in Florida. Usually though with regards to property distribution and divorce if you have an agreement with your spouse in writing the Judge will usually approve it.