Legal Question in Real Estate Law in Missouri
Sale of Property Void?
My husband and I have owned a piece of property for the last 3 1/2 years. He has recently been named as a codefendent in a civil suit involving the person he purchased the property from. The woman claims that she did not get all that was owed to her from the person we bought the property from. She is stating in her petition that the sale to us should be voided b/c my husband had knowledge of the purposes of the defendent to defraud her. Which he did not. We had no idea of any of this when we purchased the property, what recourse do we have? Can we file a motion to have him removed as a codefendent? it.
2 Answers from Attorneys
Re: Sale of Property Void?
Your husband may be able to file a Motion to Dismiss the case against him, if the facts support it. At the very least, he must timely file his Answer denying any false charges made against him by the Plaintiff. If he does not, then the Plaintiff will win her cdase against him.
Your husband probably should hire counsel to evaluate the case in depth. Base upn theri advice, he can decide whther to have the attorney Enter an appearance in the case. The space available here is not sufficient to provide enough information for an attorney to properly advise him. If you cannot find an attorney on yoru own, you may contact the Missouri Bar Association or your local bar assiciation. either of them should be ale to give you the names of some attorneys in your area.
Good Luck
Re: Sale of Property Void?
From the facts you give us, it does sound at least possible for an attorney to have the claim against your husband dismissed, but it would take substantially more work than simply filing a Motion. If your husband does not already have an attorney, he should hire one to conduct his defense. If you are in the St. Louis area, I would be happy to offer him a consultation. In any event,good luck.
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