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I have been divorced for seven years and just discovered…

Customer Question
I have been divorced...

I have been divorced for seven years and just discovered that there is a piece of land that is owned by my ex and I. Both of us are disabled and wish to place this land into a trust for the kids. Since this was not addressed in the divorce, should we return the divorce court or simply establish a trust and transfer the land to that trust?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

We have not taken any steps yet...just trying to figure which is the cheapest and quickest way before hiring an attorney to dispose of this lot.

Lawyer's Assistant: Family law varies by state. What state are you in?

NC

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No...just that I am terminal and he is mental is we have limited resources and one shot to agree on such a matter.

Submitted: 3 months ago.Category: Family Law
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Answered in 3 minutes by:
3/21/2018
Family Lawyer: Lucy, Esq., Lawyer replied 3 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Since the property was not mentioned as part of the divorce, there's no need to go back to court unless you can't agree on what to do with it. The judge would only approve your decision to put the property in a land trust, but you don't need his consent to do it. Also, one lawyer should be able to set up the land trust and transfer the property. But if you went back to court, you'd each need a separate lawyer - one couldn't represent you both. So that would wind up costing you more and taking longer.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Family Lawyer: Lucy, Esq., Lawyer replied 3 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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