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?
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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 13 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.
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