What are my rights if I own property with my late ex-husband and he left it to his children but never asked me to remove my name from the deed?

He had remarried but did not leave his wife the property.

Asked on September 16, 2014 under Real Estate Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  When you say you "own" it with him do you mean it was marital property that was given him in the divorce settlement but you never executed the quit claim deed to transfer it to his name only?  If the answer here is yes then it was his separate property to do with as he wished and not marital property for his now wife to claim in his death (but this is a response based soley on the assumptions that I have made about your divorce agreement).  You have no rights to the property if the divorce agreement gave it to him and the Executor of his estate will ask you to execute the deed now. 

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