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Selling the Marital Home: Missouri divorce decree requiring home to be sold must specifically designate conditions of sale

Recent ruling NC v. CC Missouri Court of Appeals, Eastern District - ED95337    

Husband appeals from the trial court's Amended Judgment and Decree of Dissolution of Marriage dated June 2, 2010, ordering Husband to pay monthly maintenance to Wife and dividing the parties' property and debts. Husband challenges the validity of the trial court's order, and the court's orders regarding maintenance and the division of property and debts.

Decision:

In a dissolution judgment ordering the sale of a marital residence, the judgment must specifically designate how the marital residence will be placed for sale, provide a time frame for selling, and any reasonable conditions upon the sale of the home as the trial court deems necessary. Here, the trial court's order directing the sale of the marital residence failed to set a time frame for the sale. The Court remanded for a new trial as it relates to maintenance, the division of marital property, and the division of marital debts, as the sale of the marital residence affects the division of marital property, maintenance, and debts.

Mark A. Wortman

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Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More