Ask a Lawyer and Get Answers to Your Legal Questions
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
What does the deed actually say about who is the legal owner of the property?
Where did she put those conditions in a written form? in the deed? or some type of written contract?
Ok, then that would be a legally binding contractual agreement as she is making a "conditional gift" that is conditioned on you remaining married. If you agreed to accept the gift, then you would be agreeing to the conditions that are imposed by her in you receiving it.
If you breached the agreement by refusing to deed the property back to her if you divorced or wife left, she would have to file suit under a breach of contract claim to get a court to order you to transfer the property back to her.
If she were to pass away, then if she is the only one who could enforce the contract, that condition would then lapse and be unenforceable once her estate was settled.