Does my fiance have legal ties to his ex-wife if she is still on the deed to the home that he was awarded in the divorce?

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Does my fiance have legal ties to his ex-wife if she is still on the deed to the home that he was awarded in the divorce?

My fiance and his ex-wife are divorced. In the divorce papers she agreed that he would get the house and land. Her name is still on them all though. Even so could she still come back and demand him to buy her out?

Asked on September 26, 2011 under Family Law, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a divorce agreement stating that your finance would get the house and the land, that agreement--like any other agreement--is enforceable, and if the ex-wife will not honor her legal obligations voluntarily, your finance can sue her to force her to do so.

Until she actually transfers the land and home, she is, however, an owner of them, and thus her agreement would be required to sell or refinance; she would be entitled to equity from a sale (even though it would likely be recovered later); etc. Therefore, your fiance should consult with an attorney about enforcing his rights under the divorce agreement, and to avoid entangling your finances and property into this, you should wait to marry him, if possible, until this is straightened out. Good luck.


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