Legal Question in Civil Litigation in Missouri

I separated from my husband in February 2016 due to multiple infidelities. I moved out of the family home. I continued to pay all marital debt with no help from my husband since all debts were in my name. He refused to help. We were in the middle of divorce when he assaulted me in August 2016. His parents bailed him out of jail. He passed away in September 2016. The divorce was not final and marital property/debt had not been split. After he passed away, his family went into the home and took everything. They also insisted that I sign a paper to give them rights to the funeral arrangements and I was not allowed to be at the funeral for my young children. I have been trying to communicate with them to get the marital property back without having to go to court with no luck. Today, I messaged his mother and asked when I come pick up the marital property and she stated that with marital property comes marital debt. I asked what marital debt she was talking about since I had been paying everything since the separation. She stated: Bail: $4,000 - Attorney Fee: $15,400 - Funeral: $7460 - Headstone and Grave: $7,000. My question is: Are any of those debts considered marital debts?


Asked on 11/17/16, 6:04 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

No. You should hire an attorney to sue your in laws. You may also want to open a probate case, and obtain everything you are entitled to have. And, you do not have to pay your husband's debts with some exceptions. Also, your in laws have no legal right to see or talk to your children. If you mention this in a non-threatening way, they may take the hint and change their behavior. My impression is that your children should not have any contact with these "grandparents", unless things change drastically. You own everything that was owned jointly and everything your husband had unless a Court rules differently. They stole from you and your children! Don't let them get away with it! You owe it to yourself and your children! Don't be bullied!

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Answered on 11/17/16, 6:55 pm


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