Missouri Court of Appeals, Western District / Dec 13, 2022
Phillip G. Gillespie vs. Elizabeth M. Gillespie
Elizabeth Gillespie (Wife) appealed the circuit court's judgment, which found that Phillip Gillespie's (Husband) obligation to pay Wife a share of marital home sale profits was satisfied under Section 516.350, RSMo. The dissolution judgment, incorporating a settlement contract, awarded Husband the home and provided for equal division of remaining profits upon sale. Husband sold the home more than eleven years after the judgment, and Wife sought her share. The appellate court affirmed, holding that Section 516.350 applies to such provisions, even if the exact monetary amount is not ascertainable at the time of judgment, and Wife's failure to revive the judgment within ten years barred her claim.