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I purchased my home before getting married, and the deed lists me as the owner with my 'friend, Joe Smith' as the beneficiary upon my death. We married in November 2021. I want to update the deed to reflect his status as my husband. How can I update this to prevent any potential future... View More 
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answered on Jun 11, 2025
You will need to consult with a MO attorney to draft that deed. You might convey to both of you as husband and wife. But if what you state is true, either him or his heirs still take at your death, period. That is probably not what you want. So consult with a MO attorney, and I suggest both... View More
My wife left 15 months ago and refused to file for divorce. I am now selling our home, which is solely in my name, but she is on the deed. She wants a divorce and half the profit from the sale of the home, despite abandoning the house and not contributing to payments during the two years she lived... View More
answered on May 31, 2025
If her name is on the deed, then by definition it isn’t solely in your name. Perhaps you mean the mortgage is only in your name but that is a different issue.
As part of the divorce proceedings the court will make a division of the marital assets, and the house is one of those assets. So... View More
I reside in an apartment in Christian County and am the only one on the lease. I allowed a husband and wife to move in as roommates to help with rent, based on an informal lease we signed, believing both had or would get jobs. Neither obtained employment, and their behavior became... View More
answered on May 30, 2025
I have never heard of an informal written lease. It sounds like they are their subject to a valid lease. If they have breached the lease by not paying, sue them for rent and possession. If they have breached some other provision of the lease that gives you the right to terminate the lease, then... View More
I am facing an eviction even though I have paid the full balance due. A writ for possession of my property was filed on March 31, 2025, but I had already paid the balance owed when judgment was made back on October 4, 2024. I communicated this payment to my landlord via text, along with a photo of... View More
answered on Apr 2, 2025
Without reviewing the docket it wouldn’t be possible for an attorney to provide you with an informed assessment. If the judgment were a default judgment then perhaps a motion to set aside default judgment and quash the writ could be filed. It seems odd that the landlord would have waited many... View More
I lived with a man for seven years, who initially included me in his will to inherit his property. However, he later changed the will to leave the property to his son. After the man passed away, the son failed to make payments, and the property went into foreclosure. It was sold on March 19. I was... View More
answered on Mar 29, 2025
If you wish to avoid a damaging judgment it would be wise to vacate before a lawsuit is filed. Otherwise, you’ll likely be sued for unlawful detainer, have a judgment for double rent imposed, and 10 days after entry of judgment the plaintiff will apply for a writ of execution for the sheriff to... View More
I am being sued for negligence in disclosures regarding a house I sold in February 2024 in Jackson County. I was served with the lawsuit in December, and although I believed I responded with a "not guilty" plea, I am currently in default. The issues mentioned are mold and termite... View More
answered on Mar 19, 2025
Hire an attorney before the case goes very badly for you and a large judgment is entered against you, if that has not already occurred. Writing "not guilty" is not a proper answer to a petition under Missouri's rules of civil procedure. If a default judgment was entered, quickly... View More
My landlord's mortgage forbids leasing, which we discovered only after signing our lease agreement. Her mortgage company recently found out about the lease, prompting her to demand a walk-through and costs for repairs and cleaning, even though we've already paid a deposit. We've been... View More
answered on Mar 8, 2025
It’s void if you or year landlord sue the other one and a court feels it void. Otherwise what you have is an unresolved legal dispute. I’m not aware of a statute on point. My hunch is that the lease would not be deemed void. You’ve been allowed possession and have therefore received... View More
I recently had an uninsured motorist run into my house, causing damage to the porch, patio, and yard. I've filed a claim with my homeowners insurance, which will cover the porch and patio repairs. A police report was filed, and I have the motorist's information, but no legal action has... View More
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answered on Mar 5, 2025
Find out if citations were issued against the driver, then go to Court as a victim looking for restitution. A guilty plea will be negligence per se for any civil suit. Read your home policy, as it may prohibit you from suing for money that is an insured risk where the ins co is subrogated to.... View More
I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More
answered on Feb 19, 2025
If you want an legal opinion on whether a landlord has breached a written contract, I suggest you hire a local landlord-tenant attorney to read the lease and provide a consultation.
Assuming they breached the contract, however, you could sue for damages incurred. If the lease has ended... View More
I sold my house to Truhold.com and was charged $6,800 for repairs that existed before their purchase. I signed a six-month lease allowing me to stay, during which they promised to handle all repairs, insurance, and taxes. The lease stated I should not make repairs myself, yet nothing has been... View More
answered on Feb 19, 2025
You were obligated to leave at the end of January regardless. You are exposing yourself to significant costs per the Unlawful Detainer statute, which makes you liable to Truhold.com for twice the fair market rent of the property. Compare that with the likely minimal amount you might recover in a... View More
I have several satisfied judgments on my record, including some that belonged to my late husband (passed away in January 2004) and my late daughter (passed away in March 2020). These judgments include breaches of contract, repossessions, etc. I haven't received court documentation confirming... View More
answered on Feb 14, 2025
If you are not a party to a case, you don't have standing to file anything. If you are a party to a case and the judgment has been satisfied, Missouri Supreme Court Rule 74.11, is relevant. There is also a statute. Mo. Rev Stat § 511.570. If the judgment was satisfied by execution,... View More
My ex and I separated last November (2024). She wants me to leave the house but i told her not without my half of the Equity.
She's suggested I "Sign the Quiet Deed with the stipulation of receiving half the equity and leave, half the equity can be placed on the quiet deed, which... View More
answered on Jan 27, 2025
The short answer is yes. Your agreement with your ex is just between the two of you and is not binding on the mortgage holder on the property. You will remain bound on the mortgage until your ex refinances the mortgage or sells the property. I suggest you put your entire agreement in writing, and... View More
I am moving in a few weeks.
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answered on Oct 17, 2024
I would recommend hiring a very competent attorney that you trust to pay taxes and maintain the properties. Do not hire a crook. It may be advisable to hire two people. You will also need someone else such as a relative to check on the properties and report back to you. Estate Planning may... View More
Property belongs to an elder person and they would like to add a name.
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answered on Jul 18, 2024
Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.
The party is not on any paperwork to be able to live in the home. They have been told to leave many times and have refused. Now they are threatening to use their mailing address to demand an official eviction. Is this necessary?
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answered on Jun 21, 2024
Here's a general overview of the situation:
1. Establishing tenancy:
In many jurisdictions, including Missouri, a person can establish tenancy even without a written lease or being on the deed. This can happen through verbal agreements or by the property owners allowing the... View More
Significant loan made to contractor to purchase land and build homes 4 homes. 3 of 4 homes in different stages of build. Estimating 1/2 of loan funds spent on those homes, yet contractor stated they were out of funds. I decided to hire a lawyer to foreclose on the properties knowing I... View More
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answered on Jun 18, 2024
If you are lender on a Note secured by a Deed of Trust, then foreclose on the collateral parcels. When a note deficiency occurs then sue borrower on that deficiency. If you are found to be a full fledged partner, then you are possibly liable for the partnership debts, but it will be a hard... View More
County collector issued a collectors deed to a purchaser illegally. It was a 3rd offering sale but staff at cty. office lied and said it was A post 3rd year sale denying me my 90 day redemption period. Also it allowed that purchaser to sale the deed to a third party whose now served me with an... View More
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answered on Jun 17, 2024
I'm sorry to hear about the difficult situation you're facing with your home. Based on what you've described, it seems there may have been serious legal errors and improprieties in the tax sale process that resulted in your home being wrongfully deeded to another party. Here are a... View More
Can a collector take you off as the payee of your real estate tax and apply it to different person's account?
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answered on Jun 13, 2024
The actions you describe may raise serious legal concerns. Typically, a county collector should not have the authority to change the terms of a tax certificate sale after the auction has concluded. If the rules of the auction were altered post-sale, this might violate established procedures and... View More
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answered on Jun 13, 2024
In Missouri, the process for tax lien sales and auctions is strictly governed by state law. A county collector must adhere to specific timelines and procedures established by the Missouri statutes. Changing a third offering auction into a post-third year auction just four days past the original... View More
Just closed on new construction home and moved in with verbal agreement with contractor that he would fix drainage issues in yard. Two attempts to correct were unsuccessful. Photos and email sent to contractor showing water still pooling. No response. We contacted reputable landscape/excavation... View More
answered on Jun 1, 2024
A lot of money is at issue. Have an attorney read the contract and do a consultation. The answer to your question is “it depends.” If you pay then sue you may face an affirmative defense of the “voluntary payment doctrine.” But there’s a type of claim to which case law holds that... View More
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