If my divorce papers state thatI am entitled to 1/2 the profits of the marital property when it was sold, what happens if my husband remarries and then dies?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my divorce papers state thatI am entitled to 1/2 the profits of the marital property when it was sold, what happens if my husband remarries and then dies?

Land and mobile home were deemed marital assets. He sold the mobile home and I did get half the money. However, he is remarried so what happens if he were to die? What should I do about the land that I am entitled to?

Asked on August 16, 2010 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

I am going to assume that the land is not in your name (the deed does not list you as an owner of the property)?  Your agreement or the order of the court is binding on his estate should he die before the property is sold.  But who needs a battle with the estate?  Was there a limit placed on the value of the property at the time of your divorce?  In other words, were you awarded half the property valued as of a certain date or half the property outright no matter when it was sold?  Depending on how it is worded I would do one of two things:  ask him to refinance the property, take out equity and give you the amount awarded or refile a deed listing you as a joint owner of the property.  This way it can not be transferred at the time of his death without your knowledge and consent.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption