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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85239
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Through in and out of treatment for clinical depression, my

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Through in and out of treatment for clinical depression, my ex-husband locked me out of the house I personally paid for and filed for divorce. I believe the results and court transcripts speak for themselves reflecting the lawyers and court system took advantage of my mental deficiency to get an unfair ruling. The court of appeals can only judge on matters that are legally reversable, but were does a women in great need find justice? Please help me.
Submitted: 6 months ago.
Category: Legal
Expert:  Ely replied 6 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Are you stating that the court gave the home to him?
2) When was the home purchased, before or after marriage? With whose money?
3) Has the court issued a written judgment yet? If so, when?
4) What is your question here exactly - what are you attempting to achieve?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 6 months ago.

1) Exactly. Due to me traveling out of state for both inpatient and out patient medical care, my husband claimed I abandoned him and he was rewarded my retirement home, the furnishings, the lake toys, golf cart everything and I was awarded a "fair settlement" of $85,000 on about $375,000 of assets.


 


2) The retirement home was purchased in late 2006 during the marriage, but with money from a previously sold home in California purchase before the marriage by a single man and single woman. Profit was split evenly and I bought the Missouri house by my check with my money from my account. His was entered into the record in court and affirmed by my husband during questioning.


 


3) Yes, lower court in April of 2012 then upheld by Appeals Court in August of 2013.


 


4) I would like to see the lower court Judge admonished, file malpractice against my first attorney, the transcripts will speak for themselves in this matter, but in addition, she should be charged for not protecting me and my rights under the America Disabilities Act. File charges against my attorney and her attorney son for theft of over $16,000 of property from my home following the settlement as they gift shopped against the settlement documents. Paperwork provided by the Barry County Sheriff, as he was there and just allowed it to happen. My rights were trampled on by various levels of the law and justice departments of Barry County Missouri, leaving me in a more desperate mental situation living in my car, no money and no place to go. I want a fair grab at real justice, when I am not in the drowning depths of clinical depression, unable to care for myself and not have representation that is not accounting for this and leading me in directions I would have never chosen in clear mind. The court transcripts should fully document and backup my thoughts and writings.

Expert:  Ely replied 6 months ago.
K,

Okay, thank you. I understand that. You state "please help me."

Please note:

1) JustAnswer experts cannot represent customers as clients;
2) Nor can we refer you to specific attorneys because of ethical considerations.

I can also possibly provide some links to low cost / pro bono counsel in the state. I can also tell you what possible actions one may take here.

Would this be acceptable?
Customer: replied 6 months ago.

Yes. Anything would be helpful. Your input and possible action suggestions would be the most helpful. I had a paid for in full retirement home with all the extras, now I'm sick, no insurance, almost homeless and without hope. I can't get my husband's attorney to let loose of the settlement check, and don't have the money to travel to Missouri to hire a lawyer to get the check. Anything would be of great help and appreciated. Thank you.

Expert:  Ely replied 6 months ago.
Thank you, K.

Apologies in advance for the momentary wait while I am typing out your answer...
Expert:  Ely replied 6 months ago.

1) The key here may be to appeal the decision (if still possible and timely) to illustrate that the property was YOUR SEPARATE property to begin with since it was purchased with money that was all originally yours and thus, the property - if it can be traced to the money - may also be seen as yours and not subject to division as part of the marital estate.

2) I would like to see the lower court Judge admonished

You may do so here. However, this is not recommended until/unless the matter is concluded and/or if the Judge is removed or recuses themselves from the case.

file malpractice against my first attorney, the transcripts will speak for themselves in this matter, but in addition, she should be charged for not protecting me and my rights under the America Disabilities Act.

This would fall under a separate suit. The elements of a legal malpractice suit are: (1) an attorney-client relationship; (2) negligence or breach of contract by the defendant; (3) proximate causation of plaintiff's damages; (4) damages to the plaintiff. Donahue v. Shughart, Thomson & Kilroy, P.C., 900 S.W.2d 624, 626 (Mo. banc 1995). ADA does not include special consideration for an attorney's representation, although that can fall under the general legal malpractice suit should you pursue it.

File charges against my attorney and her attorney son for theft of over $16,000 of property from my home following the settlement as they gift shopped against the settlement documents.

Because this is a CIVIL matter, the authorities are not going to get involved. Your best bet is to seek an appeal/reconsideration of the original court order. An attorney is recommended. If finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/missouri.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-missouri.asp

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85239
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Legal Specialists are ready to help you
Customer: replied 6 months ago.

The appeals court has already upheld the lower court decision. Can an additional appeal be filed with different actions that were not addressed in the original appeal? My attorney filed for the lower court to be over turned on issues of legal matters, but did not address the items that lead to an unjust finding and settlement. The fact that I purchased the Missouri home with nonmaritial assets was not argued.

Expert:  Ely replied 6 months ago.
K,

The appeals court has already upheld the lower court decision. Can an additional appeal be filed with different actions that were not addressed in the original appeal?

I am sorry to hear that. If so, then the only appeal left is a timely appeal to the Missouri Supreme Court.
Customer: replied 6 months ago.

Will the Supreme Court hear an appeal on a civil divorce case? I have been told this is not possible.

Expert:  Ely replied 6 months ago.
It may. It does have the jurisdiction to hear an appeal from the Court of Appeals.

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