Can a married man whom who has joint ownership of a property, turn over his half to his brother/sister before a divorce?

The husband turned over his half of the property 2 years before the divorce. He then died 3 days after the divorce was granted. He also did the transfer of property after being diagnosed with cancer. The husband has 3 children in the marriage, all of age and left nothing for them. Aren’t the children entitled to some part of his estate? And what happens if he died without a divorce settlement?

Asked on May 28, 2012 under Family Law, Florida

Answers:

Michael Gainer / Michael J. Gainer, Attorney At Law

Answered 8 years ago | Contributor

If there was an issue regarding the transfer or whether he hid assets, the property and any transfer issues should have been dealt with in the divorce proceedings.   In many states, parties can transfer their interest in property without the spouse's approval.  However, real estate often requires spouse approval; there may be statutes in your state requiring the spouse to sign off on any real property transfers.

In most states, if he died without a will, his kids would get any assets, including property, that were in his name at the time of death if he hadn't remarried.  If he had a will, then he may have given to someone else.

If he died before the divorce was final, you are the spouse and would have rights to the assets he had at death. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.