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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: 46,425
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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Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 1 month ago
No payment of additional monies such as $59 agreement which was based on requested phone call
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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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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.

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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