Can I make a claim for half of the fire insuranceproceeds paid to my ex-husbandon ato a double-wide that I am co-owner of?

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Can I make a claim for half of the fire insuranceproceeds paid to my ex-husbandon ato a double-wide that I am co-owner of?

My name is on the property of a double-wide with my ex-husband. The home was destroyed by fire a few months ago and he has received the insurance money. He never notified me and I just recently learned about the fire. Can I make him settle with me for half the money?

Asked on January 4, 2011 under Real Estate Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

The question that keeps popping in to my mind is why is your name still on the trailer after the divorce?  What has to be read and understood before any guidance can be had here is the settlement of your divorce.  Who got the trailer in the divorce?  Was he awarded the trailer? Were you supposed to execute any documents to transfer the title to your husband? If all that was left here was some paperwork but you had already agreed to give up your legal rights to the trailer and he has been paying it off and the insurance then although you appear to have a right on paper to half the proceeds, delving deeper in to the matter it appears that you do not. 


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