Legal Question in Real Estate Law in Missouri

Real Estate

My x Wife and I bought a home and 38 acres in Missouri in 1998. We divorsed in 2003. She got a settlement, I got the home and acreage along with the mortgage. I could not refinance as a single man so I just kept paying the monthly mortgage and did not file the divorse decree at the county recorder. I bought a car and financed it, got behind and it was repossed. Chysler credit filed a lien against the home. We have an agreement to sell the property to the neighbor. The title co said I must settle the lien before the property can transfer. I am on much better terms with my ex wife and she has agreeable to me getting the proceeds from the sale. If I were to sign a Quit Claim Deed over to her -- and she were to sell to the neighbor -- would we get the full selling price less the amount of the 1st mortgage


Asked on 4/30/07, 10:04 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Real Estate

You may sign a quit claim deed to your wife. Under the facts you described, she would get the house subject to the judgment lein by Chrysler. She may accept it that way, as could your neighbor. But, no title company will issue title insurance that covers the lien until it is removed by the lienholder or the court.

Good Luck

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Answered on 4/30/07, 11:25 am


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