St Louis, MO asked in Child Custody and Family Law for Missouri

Q: I own a property with someone else neither him or I live in the home at the moment. Can i move in w/o legal consequence?

We have 2 children the court did not specify which would live tbere he lied and said he stayed there with the kids he does not..thefe are no active restraining orders. Im about to turn one in... I have not had a home per se since I was removed from my farm so could I list that as my residence for the restraining order if I can go back?

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1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: In Missouri, if you co-own a property and there are no legal agreements or court orders preventing you from living there, you generally have the right to move into the property. This applies even if the other co-owner is not currently residing there. It’s important, however, to consider any existing agreements or understandings you may have had with the other co-owner regarding the use of the property.

Regarding your situation with the children and the restraining order, it's crucial to ensure all your actions align with any existing court orders or custody agreements. If the court has not specified residency arrangements regarding your children, moving into the property where you believe your children should be living could be seen as acting within your rights.

However, when filing for a restraining order and listing your residence, it's essential to be accurate. If you move into the property and it becomes your primary residence, you can list it as such. But remember, any action that contradicts court orders or agreements related to custody or property use could have legal repercussions. It would be wise to consult with an attorney to review your specific situation and guide you through the correct legal steps.

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