Question:
My ex is still living in the marital home and was supposed to pay me for a buyout, but has not. What are my legal rights?
Answer:
From the limited facts you have shared, it appears that your ex-wife is in contempt.
If your decree states that she has a certain amount of time to pay you for your portion of the marital home and she has not upheld the agreement, you most likely have a cause of action.
In Missouri, if a party does not adhere to the terms of the agreement, the other party can file a motion for contempt.
In a contempt hearing, you would have the opportunity to present evidence to the judge as to how she is in contempt or how she has not followed the agreement you came to at the time of dissolution.
Also, if she has not refinanced the marital home and if your name is still listed on the deed for the home, you still have an ownership interest in the home.
Please understand that my opinions are based upon the limited facts that you provided to me.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”