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Married couple separated for 8 years, house for sale, likely…

Married couple separated for...

Married couple separated for 8 years, house for sale, likely divorce after slae of home, what happens if spouse dies prior to sale of home? husband has kids wife none.

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

No, husband has AFIB, wife needs to protect her investment in home, how to do so before filing for divorce?

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

Georgia

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

In 2008, husband took equity line without wife's knowledge. wife paid off equity line with her inheritance ONLY because husband went to financial advisor requesting her inherited cash to use for pay off as they were refinancing , reason wife moved out. wife requested financial advisor have husband sign document to this effect

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Answered in 5 minutes by:
3/15/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,890
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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She can file for divorce here, if husband deceases, then the divorce court would divide property 50-50% and an estate would be opened for his side.A court ordered sale would follow and division of proceeds.The divorce if he deceases is moot but property here can be divided fairly by the courts.You are going to need a lawyer here there is too much to try and do this yourself.It is pretty complicated.

You may be reimbursed funds you have in the place from the sale judge decides that.

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

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Georgia is an "equitable distribution state" which means that all marital property acquired during the marriage is subject to division. Property brought into the marriage is not subject to division in a divorce. ... Gifts from one spouse to another are marital property if they were purchased with marital funds.

Georgia Marital Property Law

https://www.divorcelawinfo.com/states/ga/gapropdiv.htm

You may get more than 50% to cover what you paid in here..

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Ray
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Satisfied Customers: 48,890
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Customer reply replied 5 months ago
No payment of additional monies such as $59 agreement which was based on requested phone call
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Customer reply replied 5 months ago
Ray may we continue chatting since you do not do phone calls?

Yes, please ask away.I am traveling so it may be a bit to get back to you but I promise I will do so.Want to help you.Thanks

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Customer reply replied 5 months ago
May I reach out to you later this evening? Have appointments all day and free later this evening.I welcome to engage with you as recognize your knowledge and experience!Thanks much! And yes 6 stars

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