Legal Question in Real Estate Law in Missouri

My ex-wife put our Missouri property up for sale without my consent or knowledge. Both of our names are on the mortgage. Can she sell this house without me knowing? Can a real estate company list it without my signature?


Asked on 7/22/14, 7:01 pm

1 Answer from Attorneys

Anthony Smith LawSmith

What matters more is how the property is titled, than what a mortgage or other loan document says. If the house was granted to you and her, she cannot sell the house without either your consent or a Court Order. It might be foolish, but a realtor can list the house for sale without your consent.(they just probably can't sell it) But, if you are not on the deed, the selling of this house is a matter of your Divorce case. If she is single, and the only person on the deed, your ex would probably not be barred from selling her house. You need to check on how this house is titled with the Recorder of Deeds, for the county in which it sits, and the property division portion of your divorce decree.. These two things should tell you if you have any say in whether this house can be sold, or if you are entitled to any of the proceeds.

Good luck

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Answered on 7/23/14, 4:23 am


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