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Missouri Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Divorce for Missouri on
Q: From Missouri…Does my ex have to split a mortgage company refund check made out to him only? More info below…

My ex & I are recently divorced. We sold our home, it was financed in his name only but titled in both. Do we split a refund check from the mortgage company made out to him only? I certainly hope so because my income was used the whole time to make the mortgage payment. Please advise, I... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no general rule in real estate pertaining to this situation. This issue should have been addressed in your asset split in the divorce. Your family law attorney should be able to answer this question, or the answer should be in your marital settlement agreement.

1 Answer | Asked in Real Estate Law for Missouri on
Q: We’re in Missouri on a farm. We want to put up a permanent property line fence on our south border to hold livestock.

Our neighbor refuses to pay half, says he does not have the money and doesn’t need a permanent fence since his stock is trained to electric fence. Said he will just go back 10 foot and install his electric fence. Is that a way to avoid paying his half of costs ?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Sep 24, 2021

There is no legal requirement that neighbors who share a property line share the cost of installing a fence.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Can a neighbor sue the HOA for them putting a lien on the property over tree trimming in this case?

My HOA president is verbally saying that townhouse owners are responsible for tree trimming. The "community handbook" I was provided when I purchased the townhome 3 months ago very clearly says the HOA is responsible if the tree is 5' away from the unit. The covenants are vague and... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 21, 2021

Anyone can sue for anything. The neighbor could sue for slander of title regarding the lien. There is no guaranty that the neighbor will win, however, and I have a hunch that the HOA's declaration has a one-sided attorneys' fee provision. That means if the HOA wins in litigation it can... Read more »

1 Answer | Asked in Car Accidents and Real Estate Law for Missouri on
Q: the neighbors tree is encroaching into our parking area. It’s a huge sycamore tree. Are they liable if it falls on car?

the sycamore is huge. We have only been in the condo for two years. They were going to cut it but decided to have us pay for it.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 18, 2021

They are liable if the tree falls, you sue, and you prove negligence. For example, is the tree dying or is it just large?

1 Answer | Asked in Real Estate Law for Missouri on
Q: A purchase agreement contract has been signed by both parties for real estate, can the seller change their minds?

A purchase agreement contract has been signed and turned in to the title company. The buyer had to pay for a land survey. The land turned out to be 28 acres instead of 20 acres. Can the seller change the price already agreed upon for the acreage?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 16, 2021

This appears to be a large enough issue to warrant hiring an attorney to review the sale contract.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: I've been renting the same apartment for 9 and 1/2 years, every year I signed a 12-month lease.

Now my landlord wants me to sign a 6 month lease so he can raise my rent twice in one year oh, is this legal for him to do

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 26, 2021

There is nothing illegal with your landlord seeking new terms on a new lease to go into effect when the current one ends. If you do not wish to sign the proposed lease, then you have the freedom to enter a lease with another landlord with terms acceptable to you. Under the current real estate... Read more »

1 Answer | Asked in Health Care Law, Real Estate Law and Tax Law for Missouri on
Q: Is there a way to protect property from medicaid?

Parents are still alive, Mom was placed in a nursing home, dad, I think signed papers medicaid papers which turns over assets. I am the only child but live out of state. Could we deed or put into a trust? Options?

I have verified no Liens on the property other than a bank note.

Anthony M. Avery
Anthony M. Avery answered on Aug 10, 2021

Hire a competent MO attorney for advice. This is a public forum. There are many different ways to protect assets, but none are perfect.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Is a 10 day due diligence required in Missouri when purchasing real estate?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jul 29, 2021

There is no such general requirement under Missouri law.

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Missouri on
Q: I lease a Walkabout Properties home. No stair rails installed on deck. Lost balance on stairs and fell. May I sue them?

This event happened Fri., June 4, 2021, at 5 p.m. I suffered a concussion with a large subdural hematoma. No fractures, but the fall injured my back, sacral area, neck and shoulders. A level 3, or mid to severe concussion, can take time months to heal. I have a continual headache, including... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 27, 2021

I'm sorry for your accident and the injuries you suffered. This is really something that a Missouri attorney should advise on, but your post remains open for four weeks. If you reached out to attorneys in the Springfield area, most would probably offer free initial consults on such matters.... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: Do both home owners' names have to be listed on the listing contract with a real estate agent? Owners aren't married.
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 30, 2021

The short answer is yes. All persons who are owners of the property must sign the listing contract because all of them have to agree to sell and all must participate in the transaction.

1 Answer | Asked in Real Estate Law for Missouri on
Q: How do I remove EX partner from deed/loan?

My ex partner and I bought a house together 13 years ago. She lived in the house for 3 months then left. She has not paid any of the mortgage, taxes, repairs ect. We only paid $2500 down at the time of mutual money. I want to refinance but she refuses to sign quit claim deed. What are my options?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Jun 10, 2021

If your ex refuses to sign a quitclaim deed, your other option is filing a court action for partition. It is a generally a short process but it carries several risks. You should definitely consult an attorney about the pros and cons to see if it is in your best interest in your circumstances.

1 Answer | Asked in Contracts and Real Estate Law for Missouri on
Q: In Missouri, what recourse do I have when the home builder is not ready for the contractual closing date?

Contact signed in December 2020 with the June 9, 2021 closing date which is plenty of time to build a 1600 sq ft home. The builder is doing several trades himself so he doesn’t have to pay subcontractors. He has drug his feet for weeks and will not be done in time for closing cause if me to loose... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Jun 7, 2021

For most people, a real estate transaction is the largest purchase they will ever make. I encourage you to have an attorney review your contract in order to help you decide what to do. The contractual terms will be significant in planning your next steps. If would be reckless for anyone to... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Banking for Missouri on
Q: I purchased a house in 2010 in my name only I was married about three years does she get half

I’m Refinancing with cash out for debt consolidation Lender says she may have to sign some form is this necessary in Missouri

Keya Reed
Keya Reed answered on Jun 5, 2021

If the hour was bought during the marriage with marital funds, your spouse is entitled to an equitable distribution of that property.

1 Answer | Asked in Real Estate Law for Missouri on
Q: I moved out of apartment in Oct.2018 after giving 30 day notice, my son took over the last 6 month of lease. As of 2019

he continues to live there & has signed new leases paid rent, NOW they say I'm still lease holder & trying to get to sign lease...What is my legal right..

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 31, 2021

If your lease expired or was mutually terminated early in writing, then I don't understand the basis for your former landlord's claiming that you are still a tenant. The written documents control, however. You have the right to seek to have a court enforce a lease. If you are not clear... Read more »

1 Answer | Asked in Estate Planning, Immigration Law, Real Estate Law and Probate for Missouri on
Q: father died in the middle of a divorce to a woman in South Africa who abandoned her citizenship. Her name was on deed &

She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... Read more »

Agnes Jury
Agnes Jury answered on May 5, 2021

My condolences for your father's passing. Unfortunately, this is more of an Estate/Probate and/or family law attorney question than immigration. Best wishes!

2 Answers | Asked in Real Estate Law for Missouri on
Q: In Missouri is there a standard time after a real estate contract is expired that you can sell your property yourself

And not pay the realtor commission?

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 25, 2021

If your agent used the Missouri Department of Real Estate form there is a space filled out that sets out that time period. If you’re unclear, have the contract reviewed by an attorney.

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1 Answer | Asked in Real Estate Law for Missouri on
Q: Can anything be done about a nuisance property in Missouri?
Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 21, 2021

Nuisance properties are often regulated by local (city or county) ordinance. You can usually find those online, along with the agencies who receive those complaints.

1 Answer | Asked in Real Estate Law for Missouri on
Q: Should I sign a quit claim deed while I am still responsible for the mortgage?

My ex husband retained the home. He is claiming the bank won't refinance him to remove me from the mortgage without me signing a quit claim deed first.

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Apr 21, 2021

In order to refinance, your ex's bank will require you to release your interest in the property, but only at the closing of the refinancing. That will take place at the office of a title company when your ex signs the documents refinancing the home. You should not sign a quitclaim deed without... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: In the state of MO can an HOA request dues via email or do they have to send a request for payment via USPS.

Our HOA has provided annual statements and bills for HOA dues in paper form for years since we moved in. Suddenly last year they decided to just email us a request for payment without the annual statement of account that was provided in the past. We did not opt out of paper billing nor were we... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 14, 2021

Depends---what, if anything, do your subdivision's recorded covenants and restrictions say in regards to method of notice. If they are silent, then do your bylaws provide any guidance? These documents may or may not discuss method of transmission. Please note that newer subdivisions are... Read more »

1 Answer | Asked in Real Estate Law for Missouri on
Q: When more than one amendment is made to a contract it doesn't cancel the previous amendment right?

The first amendment was the sellers agreeing to a closing credit. The second one is asking them for a price reduction

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 1, 2021

The answer would depend upon the amendment’s language. If you are uncertain, have an attorney read the documents.

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