What can I do about keeping my property. We divorced ten years ago and she now says when I die she gets my house?

The decree says the house remains marital property and we equally share upkeep, repairs, house payments, insurance and taxes. I have done this alone for the past 7 years since she remarried. She sent me a letter saying I was to take care of the debt payments and she didn’t want it anymore. So how do I keep my house for my son;s if I die? I want to get her off my title.

Asked on July 13, 2012 under Family Law, Arkansas

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

You indicate that you were divorced ten (10) years ago, and according to your statement, the Final Judgment and Decree indicates that the house is to remain marital property with you and your former wife sharing equally in the upkeep, repairs, mortgage payments, etc.  If your allegations are true, this is highly unusual.  Typically, if there is a marital home at the time of a divorce, the court awards the house to one of the parties who is then given a limited amount of time (typically six months to one year) to either finance the home in his or her name only, or place the house on the market to be sold.  I am curious as to whether you were represented by an attorney at the time of your divorce.  In any event, you need to retain the services of an attorney to have the Final Judgment and Decree modified to address this issue, and you should not waste any time in consulting with an attorney.


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.