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

UPDATED: Jul 13, 2012

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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


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

Answered 10 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.

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