Legal Question in Real Estate Law in Missouri

I have shared a home on60 acres with my partner for almost 11 years. I have paid half of living expenses, utilities,

home improvements, etc since moving into her home. Several years ago she andIwent to a title company

andhadmy name added on a individualwarrantydeed as half interest owner. Now my partner has told me I

can no longer live with her,so I havetomove andstart all over again at age 62. I told her I need some money

to do this, but that I do not want half of the properties worth, she said no,so my question is can I sell my

interest in the property to someone else, what are my rights, what can I do? My name is not on the title and

Alsonoton the mortgage note. Thank you.


Asked on 1/01/12, 12:40 pm

3 Answers from Attorneys

M. Scott Montgomery the montgomery law firm llc

She has no right to tell you to move if you own half of the property. You can stay there until she files a lawsuit against you to try to have your removed.

Be sure that the warranty deed showing you as an owner was filed with the county recorder's office.

The only way to force a sale of the property is to file a lawsuit called a partition action. The judge will order that the property be sold at action on the courthouse steps by the sheriff. You can arrange for a loan and bid on the property. Your partner and anyone else can bid on the property. Highest bidder pays immediately and you should receive half of the proceeds from the sheriff.

If you need further assistance, you can contact me at [email protected] or toll free at 877-444-1005.

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Answered on 1/02/12, 10:00 am
Michael R. Nack Michael R. Nack, Attorney at Law

When I read your question I see a contradiction. First you say that your name was added ". . . on an individual warranty deed". Towards the end of your question, you say, "my name is not on the title." If your partner transferred an ownership interest in the real estate to you under the law at the time, then why would you say that your name is not on the title? So, the first thing I would do is to determine whether or not you have any ownership interest in the real estate. Then, if so, I would advise you as to your rights and duties regarding that real estate. The above answer assumes that you do have an ownership interest in the real estate. Also, the above answer does not explain the nature of the Partition Suit or the law that would be applicable in the event that such a suit is necessary. In any event, consult with an attorney.

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Answered on 1/02/12, 12:46 pm


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