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and Ms. Picou financed the construction of the Lakewood home with
funds from petitioner’s separate personal property and a first
and second mortgage from Union Planters Bank. Petitioner and Ms.
Picou were both liable as coborrowers for the mortgages, and both
parties were named as joint owners on the title deed.
On May 1, 1997, petitioner and Ms. Picou separated, at which
time Ms. Picou permanently moved out of the Lakewood home. At
all relevant times, petitioner has continued to reside in the
Lakewood home.
On May 21, 1998, petitioner and Ms. Picou were divorced
pursuant to a Judgment And Decree of Dissolution of Marriage
(divorce decree) entered by the Circuit Court of Sainte Genevieve
County of Missouri. The divorce decree directed, in pertinent
part, as follows:
8. Maintenance is denied to each party
9. Petitioner [Mark E. Picou] is awarded the
following marital property:
A. House at 13221 Lakewood Drive, Ste. Genevieve, MO;
* * * * * * *
11. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that
Petitioner shall pay the following debts and
obligations of the marriage and that the sums to be
paid by Petitioner are in the nature of support to
Respondent [Ms. Picou] and that same shall be non-
dischargeable in any action for bankruptcy which
Petitioner may file:
A. First mortgage on house at 13221 Lakewood
Drive, Ste. Genevieve, MO, in the amount of $83,000.00;
B. Second mortgage on house at 13221 Lakewood
Drive, Ste. Genevieve, MO, in the amount of $14,500.00
* * * [Emphasis added.]
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Last modified: May 25, 2011