some info I have collected...

Posted by Barbara from Missouri (65.241.112.84) on September 08, 2003 at 19:21:40:

In Reply to: ? about a judgment in Mo, posted by Susan on September 08, 2003 at 16:05:01:

Hi Susan, I live in Missouri as well, and have been researching this for almost 2 years. I have a judgment against me, but not against my husband, so we are in the same boat. A husband and wife, owning their residence together in Missouri, (and the deed says that they are husband and wife), own the property as "tenancy by the entireties". This means that neither can sell the property without the other's approval. Missouri law also says that a judgment creditor CANNOT force sale of the house to satisfy the judgment claims IF THE JUDGMENT IS ONLY ON ONE OF THE OWNERS, the husband OR the wife. Your property is untouchable, as long as it is your residence. I have been under the impression that a lien cannot even attach to it. BUT...if you sell it, then the judgment creditors can go after the proceeds because the protection of the tenancy by the entireties is gone. By the way, Missouri law does not stipulate that the deed has to say "tenancy by the entireties". Just being husband and wife automatically puts you in this category.

WhyChat is very knowledgeable about this, but is on vacation at this time...should be back in a week or so. If you can wait that long, it would be good for you to watch this board to see WhyChat start posting again and ask about all this.

Here is a recent post about tenancy from WhyChat..

http://www.cardreport.com/wwwboard36/messages/18888.html

So, it seems to me that if you plan on selling your home, you may have to use some of the proceeds to pay the judgment, but maybe only from your half? I don't know. Being that you are moving out-of-state brings in a whole new situation that I have no knowledge of. This is where WhyChat may be able to help you!

Hope this helps,
Barbara

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