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Missouri Real Estate Law Questions & Answers
0 Answers | Asked in Divorce, Family Law and Real Estate Law for Missouri on
Q: I own a home in Missouri. My mother gave me the money to purchase my home. Only my name is on the title.

My wife left me over a year ago and moved in with her mother. She has all her mail forwarded to her mothers address where she lives. I am trying to sell my home where do I stand legally? We are still legally married, can she fight me on selling the house?

1 Answer | Asked in Estate Planning and Real Estate Law for Missouri on
Q: I am a beneficiary of an Irrevocable Trust in Missouri and have a question I need help with.

In the Trust document the Grantor lists a real estate property with the title shown under the name of her single owner LLC, with the intention that real estate property, on her death, would be inherited by me and my brother, who is now Successor Trustee. Title was, and to date, has never changed... View More

Anthony M. Avery
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answered on Feb 20, 2024

Hire a competent MO attorney to search the title and draft the deed out of the LLC. He will have to abide by MO LLC Statutes and probably have all successors in interest of the LLC convey as grantors as well as the Successor Trustee, which must have precise language to be enforceable. Make sure... View More

0 Answers | Asked in Business Law, Land Use & Zoning and Real Estate Law for Missouri on
Q: What are the Missouri real estate laws concerning access to a landlocked parcel of property?

What are the rights of the owner of the property where access is being sought?

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can I take my ex wife back to court to get my name taken off the mortgage?

My divorce was final in April last year and my ex refuses to see if she would qualify fopr a loan assumption even though I am willing to pay for it. SInce I had to sign the deed over to her, I want my name off the mortgage so my debt to income ratio will come down. Can I take her back to court to... View More

Anthony M. Avery
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answered on Jan 31, 2024

Read your Court Decree. If the mortgage is not addressed then you have no leverage to force her to refinance. If you deeded it to her then you own nothing and have no right to a partition sale. However you are still obligated on the note.

0 Answers | Asked in Real Estate Law for Missouri on
Q: Told by my mortgage company the only way I can swap some property w/neighbor is Partial Release or Refinancing. True?

I do not want a Partial Release of my property. Evidently the request wasn't conveyed properly.

Several years ago my neighbor had an addition added to his house due to his mom's health, she has since passed away. Part of the addition was built on my property. I get along great... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a life estate with 2 remainderman be purchased by 1 remaindermen (1/2 to other) if tenant no longer lives there?

Life tenant moved out. One remainderman wants to own property without life estate in place by paying half value to other remainderman.

Anthony M. Avery
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answered on Jan 10, 2024

Non possession by life tenant rarely terminates the life estate. So neither remainder has vested in possession under a normal life estate/ remainder deed. The would be fee owner needs to get deeds from both the life tenant and the other remainderman, probably for agreed monies. A partition... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do I need a patent for my land or just a deed
James L. Arrasmith
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answered on Jan 12, 2024

In real estate transactions, a deed is the essential document you need to prove ownership of land. A deed is a legal document that transfers property from one party to another and is recorded with the local government, usually at the county level. This recording provides public notice of your... View More

1 Answer | Asked in Real Estate Law, Tax Law, Constitutional Law and Construction Law for Missouri on
Q: Please read below

I paid $18,000 for my house and 2011 then I pulled a building permit in 2011 the same day I interned started working on my house I'm still working on my house my understanding is the building permit stops the value from increasing until an inspection is called for when I am done with... View More

James L. Arrasmith
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answered on Dec 30, 2023

In your situation, dealing with property valuation and taxation in Jackson County, Missouri, there are several key points to consider.

Firstly, the link between a building permit and property valuation can vary. Typically, a building permit itself doesn't freeze the value of a property...
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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can you get a judgement removed from property that was received via beneficiary deed?

My father in law’s house was left to my wife and her two siblings in a beneficiary deed. Her brother had a judgement that attached to the house and we have bought out their interest. Is there anything we can do to remove the lien without him paying the judgment? It’s 16 years old so I’m... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 11, 2023

Maybe. Hire an attorney to review the docket to determine whether the judgment has been revived.

1 Answer | Asked in Real Estate Law for Missouri on
Q: THE HOA is assessing only CERTAIN homes in the subdivision rather than ALL the homes. Can they do that legally?

Certain home owners were opposed to the new developer of the subdivision building lower valued houses. A law suit stopped the developer and now they (developer) is penalizing ONLY these home owners with astronomical assessments in order to recoup the money for lawyers fees during the law suit.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 6, 2023

Seems unfair but read the declaration

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a landlord change the dates of a breach of lease letter
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

Without knowing more, it’s hard to answer your question. For example, does the lease even require a letter advising of a breach as a precondition for filing suit.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Just because I didn't record my contract for deed in Missouri does that mean it is not valid
Anthony M. Avery
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answered on Dec 5, 2023

It does not make it invalid, but it is still only a lease with option to purchase. It is not a deed.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I bought a freestanding garage from my neighbor she sold her house 10 days later and now the people who bought the house

They think they on the garage because I did not record my deed and they did but my contract is 10 days prior to theirs with a signed Witnesses two of them and also a notary public

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 3, 2023

If you didn’t record the document then the new purchaser was not on notice. I therefore think you’d lose in court.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We have acreage in Wayne County, Missouri - there are 3 siblings who need it divided up - my question is what has to hap

happen if one of the siblings will not agree to divide it up or pick their part? We are all elderly and need this taken care of quickly. Thank you

Anthony M. Avery
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answered on Nov 27, 2023

A Sale For Partition action will need to be filed. Hire a competent MO attorney.

1 Answer | Asked in Real Estate Law for Missouri on
Q: If I will my house to my children and the mortgage is not paid off and my children are unemployed what happens?

Can they assume the mortgage if they find a way to make the payments?

Anthony M. Avery
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answered on Nov 27, 2023

If the note is not paid, foreclosure will occur. Most mortgages/deeds of trust contain due on sale clauses which prevent a transfer without the lender's consent. Children will need to request to be on the note and also pay taxes/insurance. With a will, probate will be necessary.

1 Answer | Asked in Insurance Bad Faith, Contracts and Real Estate Law for Missouri on
Q: Hello i am in Missouri and im looking for a lawyer to go after my home owners insurance for acting in bad faith

and breach of contract i had a lawyer but they say now they don't have the manpower to go to court so i need a lawyer that will

Tim Akpinar
Tim Akpinar
answered on Nov 16, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. You're seeking an attorney. Attorneys here can't offer their services, but you could supplement your online searches with the "Find a Lawyer" tab above, as well as attorney referral sections of... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: I need a free or low cost lawyer................

Who handles sueing someone that sold my mobilehome without my permission an possibly criminal charges in california. Can you please give me some info on who can help me.

John Michael Frick
John Michael Frick
answered on Sep 26, 2023

You should contact a legal aid clinic in or near the county where you would like to file your lawsuit. For a variety of reasons, lawyers who provide pro bono services typically volunteer a few hours of time through their local legal aid clinics. The clinic staff screen clients to insure they are... View More

1 Answer | Asked in Real Estate Law for Missouri on
Q: Re: Tenant rights in St. Louis. Can a landlord refuse to give you a one year lease forcing mo-mo tenancy?

Our building changed owners in June. The new owner has refused to provide a new one year lease, keeping us on mo-mo tenancy. Is this legal? It's uncomfortable knowing he can kick us out with 30 days notice. He has done some work in the building and now the unit type we moved into 18 months... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 5, 2023

I suggest you hire a local attorney to review the prior lease and see how if affects the situation. In general, a landlord is not required to renew a lease, but it's unclear from your post whether the prior lease expired.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: Is my lease legally binding in St Louis MO before I move in?

My girlfriend and I are moving to St Louis Missouri. On 07/10/23 we signed lease for a year with an apartment building starting 08/26/23. On 08/17/23, we called the building to confirm the details of the move, but the building manager informed us that unfortunately due to a mistake, our room will... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 25, 2023

It’s not a matter of breaking any law but rather of breaching the lease, a contract. You may sue for breach of contract to recover actual damages or for injunctive relief.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is it legal for a builder to cut across our property line to build a driveway?

He is trying to build a driveway through our property across our property line and part of our driveway Then he claims we have to move a shed 6 feet back from his property line we live out side city limits he is being a real jerk. I read the shed only has to be 2 feet from the side of the property... View More

Anthony M. Avery
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answered on Aug 7, 2023

Hire a competent MO attorney now to file suit for a Boundary Dispute, Restraining Order, and damages. Both titles must be searched and you will need a Surveyor to testify to the boundary.

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