Unfortunately she has a divorce decree stating it is hers. You have 30 days after the divorce to contest the ruling.
Mary Tyler Moore - 1970 Divorce Isn't Everything 1-4 was released on: USA: 10 October 1970
Top 3 of Everything - 2013 Top 3 Reasons People Divorce - 1.15 was released on: USA: 5 August 2013
You need to check your specific state's laws, but I know in some states if the divorce was granted on the grounds of adultery, and the 'other woman' is named in the divorce papers, then the husband cannot marry the other woman for at least 30 days after the divorce. If he does, then that marriage is not legal. The same applies if the husband files for divorce on the gounds of adultery, as well. But if the divorce was filed and granted on other grounds, then you are free to remarry as soon as you obtain your new marriage license.
This topic must be made part of the negotiations for the divorce agreement.When there is mortgaged property that will be the subject of a divorce settlement, the mortgage MUST be part of the negotiations. Neither party can "take the other party's name off the mortgage". Each is legally obligated to the lender.Generally the settlement must include a clause that requires that the property be refinanced and the old mortgage paid off to release the party who will be transferring their interest in the property.If your attorney has not mentioned this important detail then you are not being well represented.
mother give a deed of release of her land for building construction to her husband .later, can father give this property to his two sons and again her wife with will deed...this is my question.
mother give a deed of release of her land for building construction to her husband .later, can father give this property to his two sons and again her wife with will deed...this is my question.
Let's back up a little and clarify this situation.Your husband owned the property. In his will he granted someone a life estate and devised the property to you in fee or as a remainder person. The life estate was granted by the owner of the property. The property is subject to the life estate. You have no power to change it. In order to release the property from the life estate you would need to obtain a release, in writing, from the life tenant.You should consult with an attorney who specializes in probate and real estate law who can review your situation and determine what your options are.
If the other woman was not married to your husband when he died then she has no right to any property that he owned in his own name. If you were still married to him when he died you are an heir at law and you will inherit some or all of his property under the laws of intestacy of your state. You can check those laws at the related question link provided below. You should consult with an attorney. Your husband's estate may need to be probated. The attorney could review your situation and determine what your legal rights and options are. You may be able to have the sheriff collect the property that belonged to your husband.
The H & W own the property in fee. However, the property is subject to the life estate of the mother. If they wish to sell or mortgage the property she would need to sign the deed or mortgage. If she no longer lives there then they should obtain a release from her for her life estate and the release should be recorded in the land records. Otherwise, only a death certificate will extinguish the life estate as a burden on the property.
Divorce - 1911 I was released on: USA: 21 October 1911
The Invisible Divorce - 1920 was released on: USA: July 1920
The Divorce On the Trail - 1903 was released on: USA: July 1903