The divorce judgment gave our home to my husband. I was living in the home. How much time is automatically awarded to move out of the home?

Can the judgment be executed by the sheriff and have the spouse removed at any time after the judgment is filed? None of the other orders in the judgment have been followed nor enforced. i.e. spousal support, financial settlement for the home, personal property division.

Asked on June 29, 2009 under Family Law, Missouri


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Typically, 30 days is given in a situation such as this for someone to move out.  However, depending on the circumstances the time can be extended (for example, are young children or a disabled individual involved), or the time can be reduced (for example, damage is being done to the premises or items that are to remain on the property are being removed).

Even though the other orders may not have been followed, it doesn't relieve your from your obligation to obey the court.  If you want the other terms enforced than you must go back to the court and handle that situation separate from this.

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