home equity in divorce, forcing sale of home

[NevadaT]

What is the name of your state (only U.S. law)? Missouri

Missouri

I live and divorce was granted in another state. We both filed for divorce but mine was filed first and is finalized, but his MO divorce case is still open and house still needs to be resolved. My states judge granted divorce but would not rule on MO home so it has to go to a MO judge.

He has an attorney, I do not. His attorney sent me a form asking me to sign it, it says" Waives service of process of the petition in this matter" (which I understand), but what I don't understand is it also says "waives the waiting period pertaining to the dissolution of the marriage as otherwise required as per R.S. Mo..." ... what does that mean please? is it something that I should sign or am I being tricked into signing something that will hurt me?

Home is in both names, I paid cash for the home, and then I took a loan out on it in my name only because he had no credit. I paid all bills for 5 years until divorce because he was unemployed or only working part time, and he thinks he is entitled to keep all of the home because I have my current home to live in. I understand the formula of market value when we bought it, minus loan balance equals equity, and then the same using market value now, and then determine the community equity. And then in half. Or does something change that? He cannot get a loan to buy me out so want the home sold and I feel I should get more than half of the equity because I took a loan out on my home here to pay cash for the house there, so I will be paying for 35 more years on my house here when previously I owned this home with no loan. Will the judge force the sale? Will the judge consider the disparity of the money I paid on the home and made payments on versus the amount that he has paid?

 

[adjusterjack]

Let me lay this out for you.

He is in MO.
The house is in MO.
He is living in the house in MO.
He has a lawyer in MO.
The disposition of the house has to be addressed by a MO court.
You live in a state somewhere far away from MO.
You're asking strangers on the internet what a MO judge will or won't do.

You see where I'm going with this?

Hire a MO lawyer right now. You can't afford not to.

Oh, one more thing, don't sign anything sent to you by your ENEMY's lawyer.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Missouri

Missouri

I live and divorce was granted in another state. We both filed for divorce but mine was filed first and is finalized, but his MO divorce case is still open and house still needs to be resolved. My states judge granted divorce but would not rule on MO home so it has to go to a MO judge.

He has an attorney, I do not. His attorney sent me a form asking me to sign it, it says" Waives service of process of the petition in this matter" (which I understand), but what I don't understand is it also says "waives the waiting period pertaining to the dissolution of the marriage as otherwise required as per R.S. Mo..." ... what does that mean please? is it something that I should sign or am I being tricked into signing something that will hurt me?

Home is in both names, I paid cash for the home, and then I took a loan out on it in my name only because he had no credit. I paid all bills for 5 years until divorce because he was unemployed or only working part time, and he thinks he is entitled to keep all of the home because I have my current home to live in. I understand the formula of market value when we bought it, minus loan balance equals equity, and then the same using market value now, and then determine the community equity. And then in half. Or does something change that? He cannot get a loan to buy me out so want the home sold and I feel I should get more than half of the equity because I took a loan out on my home here to pay cash for the house there, so I will be paying for 35 more years on my house here when previously I owned this home with no loan. Will the judge force the sale? Will the judge consider the disparity of the money I paid on the home and made payments on versus the amount that he has paid?

When did you buy the house in which you are currently living? And was that dealt with in the divorce? And you are aware you can be ordered to pay spousal support, right?

 

[NevadaT]

When did you buy the house in which you are currently living? And was that dealt with in the divorce? And you are aware you can be ordered to pay spousal support, right?

2004. The divorce was granted and the house that I own here was settled at that time because there was a quit claim signed, no spousal support was ordered to either side. The property in MO is the only outstanding part.

 

[Ohiogal]

2004. The divorce was granted and the house that I own here was settled at that time because there was a quit claim signed, no spousal support was ordered to either side. The property in MO is the only outstanding part.

Was the house dealt with in the divorce decree? Or not? And spousal support could be ordered in your spouse's divorce.

 

[NevadaT]

Was the house dealt with in the divorce decree? Or not? And spousal support could be ordered in your spouse's divorce.

The judge here would not rule on the Missouri house, he said I had to go back to Missouri to have the judge there rule on it. The house here was dealt with.

So even though our divorce was final a year ago the Missouri judge can still grant him spousal support?

 

[Ohiogal]

The judge here would not rule on the Missouri house, he said I had to go back to Missouri to have the judge there rule on it. The house here was dealt with.

So even though our divorce was final a year ago the Missouri judge can still grant him spousal support?

Since you lived in Missouri yes. He never lived in Nevada, did he?

 

[NevadaT]

Since you lived in Missouri yes. He never lived in Nevada, did he?

We were married here and lived here together for 2 years until we moved to Missouri together. Then after separating I moved back here. We lived in Missouri together for 5 years