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-   -   No quit claim filed after divorce one owner on deed dies (https://www.askmehelpdesk.com/showthread.php?t=506071)

  • Sep 8, 2010, 11:53 PM
    sadexwife
    no quit claim filed after divorce one owner on deed dies
    My divorce was final 8 years ago. My name was not taken off the deed . No quit claim was filed as stated in my divorce decree. My x-husband told me not to worry about it. Does this mean I can transfer the property into my name, as he has recently become deceased?
  • Sep 9, 2010, 05:30 AM
    JudyKayTee

    How does the divorce address this property? Yours? His? If the Court awarded it to HIM but the Deed was never changed that Order still stands - it is/was his.

    I have the same situation with my late husband and his ex-wife. Property went to him, she never "got around" to signing a Deed, he died, she is laying claim. She is losing.
  • Sep 9, 2010, 06:32 AM
    AK lawyer
    Quote:

    Originally Posted by sadexwife View Post
    ... does this mean I can transfer the property into my name, as he has recently become deceased?

    Possibly, if the property was jointly owned with the right of surviviorship. If it was held "in the entirety", it is less likely that you would succeed to it. His heirs or devisees may contest it in any event.
  • Sep 9, 2010, 06:33 AM
    JudyKayTee
    Quote:

    Originally Posted by AK lawyer View Post
    Possibly, if the property was jointly owned with the right of surviviorship. If it was held "in the entirety", it is less likely that you would suceed to it. His heirs or devisees may contest it in any event.


    You don't see the divorce decree controlling the property?
  • Sep 9, 2010, 08:45 AM
    AK lawyer
    Quote:

    Originally Posted by JudyKayTee View Post
    You don't see the divorce decree controlling the property?

    In all likelihood. But, as you know, heirs sometimes sleep on their rights.

    We should probably wait for OP to respond, but say for example the ex died intestate, leaving some cousins in another state. Cousins might even know about the situation, ever.

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