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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My husband and I were separated for three months, he moved

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My husband and I were separated for three months, he moved all of his belongings to his parents home. This was over 1 year ago. At that time we moved all of the bills on our home into my name. Since that three months he has been coming to our home as if he still lives here but has not brought any of his belongings back nor has he began paying any of our bills. Do I have any legal way to obtain some of the money that is building up in his account or am I just a fool?
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

How long have you been married?

Are there any minor children

Who owns the house and if there is a mortgage what is owed and how much is the house worth.
Customer: replied 4 years ago.

We have been married 11 years. No children. The house is in both of our names but I have paid for down payment and all repairs that have been done on the house and have been making the mortgage payments for last 2 years. There is a 73 thousand dollar mortgage and the house is worth around 80 thousand in today's market. We have lived here almost 5 years.

Thank you for the additional information.

One spouse cannot legally lock the other spouse out of the marital home without a court order. Unfortunately you are at the point where you need to make a decision as to the future of your marriage. Missouri is a no fault state with no waiting period so you can retain an attorney immediately and file for a divorce. In a divorce, the marital property, including what he has in his account, will be equitably distributed. That means as to the house the court will take into account who paid the downpayment. In a proceeding for dissolution of the marriage or legal separation, or in a proceeding for disposition of property following dissolution of the marriage the court shall divide the marital property and marital debts in such proportions as the court deems just after considering all relevant factors including: (1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (3) The value of the nonmarital property set apart to each spouse; (4) The conduct of the parties during the marriage; and (5) Custodial arrangements for minor children.

Since this is a long term marriage, over ten years, you may also be entitled to some spousal support depending on your relative salaries. A local attorney that knows how the local judge is likely to rule is going to be your best resource.

Here are the free divorce forms
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