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I have been divorced years & had a property settlement

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I have been divorced for...
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: 3 years ago.Category: Family Law
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Answered in 43 minutes by:
6/10/2015
Family Lawyer: Lucy, Esq., Lawyer replied 3 years ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
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).
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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