Being kicked out of the trailer I bought

[Enriqueindeed]

Jurisdiction

Missouri

I bought a trailer for my ex wife and I to live in with our daughter. My ex wife asked me to put the title in her name to prove that I was serious about re marrying her. I thought that would not be a problem because my intentions were to marry her. I have several health issues and wanted to make sure that their would not be any issues if I might die. I lived in the trailer for a month before she moved in renovating it. Well it is 9 months later and she moved to her mom's and is now served me with a Writ of replevin. What are my options? She was cheating with one of the local meth dealers and had developed a meth addition. Don't know if that would matter. Please help me figure this out

 

[army judge]

I bought a trailer for my ex wife and I to live in with our daughter. My ex wife asked me to put the title in her name to prove that I was serious about re marrying her. I thought that would not be a problem because my intentions were to marry her. I have several health issues and wanted to make sure that their would not be any issues if I might die. I lived in the trailer for a month before she moved in renovating it. Well it is 9 months later and she moved to her mom's and is now served me with a Writ of replevin. What are my options? She was cheating with one of the local meth dealers and had developed a meth addition. Don't know if that would matter. Please help me figure this out

You are very generous.

When you titled the home in her name, that made it a gift, and LEGALLY it became her home.

As far as her "doing whatever she did, with whomever she did it", means nothing.

It's still her home that you put in her name.

You might have one out.

If it could be argued the home was a gift in contemplation of marriage with her, that changes things.

In fact, a Missouri court recently ruled that an engagement ring was given in contemplation of marriage. One party breached, a lawsuit began, and the court made the ruling.

Here you go, your defense is, it's not her home.
The home was a gift given to her in contemplation of marriage.
She refused to marry you, even after you provided the home.
Therefore, she breached your agreement, and the court must order her to sign the title back over to you. Therefore, you ask fir her case to be dismissed, and your prayer for relief be granted.

The case was: Clippard vs. Pfefferkorn.


When Does an Engagement Ring Have to Be Returned? | Missouri Divorce & Family Law Blog



Missouri Court of Appeals,Eastern District,Division Four.
Chad CLIPPARD, Plaintiff/Appellant, v. Jamie PFEFFERKORN, Defendant/Respondent.
No. ED 85111. Decided: May 31, 2005

You can read it here:

FindLaw's Missouri Court of Appeals case and opinions.


The Court then turned its attention to conditional gifts. Under Missouri law if the donor makes a gift subject to a condition, the donee's failure or refusal to perform the condition or violation of the condition constitutes grounds for revocation of the gift by the donor. The donor always retains the right to revoke the gift unless or until the condition is satisfied. Further, Missouri courts have held that a gift given in contemplation of marriage is made upon the implied condition that the gift will become absolute when the marriage takes place. Therefore, a gift given in contemplation of marriage, although absolute in form, is a conditional gift and may be revoked by the donor if the marriage engagement is breached by the donee. The Court held that the evidence at trial established that the ring was a conditional gift made in contemplation of marriage and could therefore be revoked by the donor.


A Gift in Contemplation of Marriage or "Who Gets the Engagement Ring if the Relationship Falls Apart Before the Wedding" - Weiss Attorneys at Law

 

[Michael Wechsler]

You can fight it and see if you can settle. There are such things as as "gift made in contemplation of marriage" as mentioned by @army judge and then that might make them want to just give you some money to get out and settle. If you have any written documents, papers, emails, text messages - anything - to prove it was a gift in contemplation of marriage I urge you to find them and save them. Best of luck.