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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29556
Experience:  Attorney with experience in family law.
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I have been divorced years & had a property settlement

Customer Question

I have been divorced for 18 years & had a property settlement agreement that stated that I was to remain in the home to raise our children & pay the morgatage, taxes & home owner insurance. After the youngest child was emancipated I was to either buy him out or sell it & spilt the money. I was recently ordered to list the property for sale, but since then my ex husband has passed away. Does the house go to his estate or is it mine? Can his new wife of 3 years get any portion of that home
Submitted: 2 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry for your loss.
If you were ordered to sell the house and split the proceeds, then it's still sold and the proceeds go to your husband's estate. You should have the ability to buy out the estate's share, if whoever is executing the estate is willing to work with you and if you have the means to do that.
Because the judge granted you access to the house during the divorce, your ex-husband would have had no right to enter if he were still alive. His wife can't get greater rights than he had, so she's not allowed to move in or enter the house without your permission or anything. The estate's interest is in your ex-husband's share of the sale proceeds, not in the house itself (and she doesn't automatically get the entire estate if he didn't leave a will).
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