What happens if someone dies before their divorce is final?
Question Details:
My father has filed for divorce, but is very ill. His wife left a year ago. I am living in the home with my dad. I have durable and medical power of attorney. I am afraid he may pass away before the divorce is final. The house is in both their names. The home was appraised and their is no equity in the house.They do not have any children together or any other martial assets. My father is retired and his wife is unemployed. If my dad passes before the divorce is final, but has a will naming me beneficiary, will I have rights of ownership of the home, because the divorce was pending?
Wills, Trusts, Probate Law Answers
Unfortunately, until a divorce is final, two people are married. Even if the divorce is underway, they are legallly married until it is finalized. If your father passes before the divorce occurs and the house is in both his and his wife's name, it will pass to his wife. Given the lack of equity in it, that may not make much difference economically at present, though it clearly will impact the right to live there.
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