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  #1  
Old 12-28-2006, 05:31 PM
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Question

Divorce verses Will


What is the name of your state? GeorgiaI was married In 1982 and we divorced in 1991. He adopted my son in this time frame. We had a child while married. Now when we divorced in the divorced decree it stated if the house was to be Sold and Either one of us remarried then that person or both would recieve a childs share and the balance would be divided Among the kids. It never said if he "Died" yes HE has the house.We had other properties and I ended up with 1 and he another.Since our divorced I married again and he has 5 more times and has 2 more children thur the other women. I heard he was going to leave all to one of the other wives child but I also just heard he was going to sell. So if he sells will a red Flag (kinda speak) pop up in the court system to show the divorce agreeement made or not? and If he was to die and his now wife was still in the home will I have any rights at all to make her sell or if she does sell will I have any rights then so my children will then get their part? Hope this makes sense.
Thank You
deluga1220
  #2  
Old 12-28-2006, 05:38 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
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EXACTLY how is the real estate titled now?

What you need to do is have a title company run a title report on this property.

Make sure the lien in your lawsuit is on the title.
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  #3  
Old 12-28-2006, 08:02 PM
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Join Date: Jan 2003
Posts: 19,148
Quote:
Originally Posted by deluga1220 View Post
What is the name of your state? GeorgiaI was married In 1982 and we divorced in 1991. He adopted my son in this time frame. We had a child while married. Now when we divorced in the divorced decree it stated if the house was to be Sold and Either one of us remarried then that person or both would recieve a childs share and the balance would be divided Among the kids. It never said if he "Died" yes HE has the house.We had other properties and I ended up with 1 and he another.Since our divorced I married again and he has 5 more times and has 2 more children thur the other women. I heard he was going to leave all to one of the other wives child but I also just heard he was going to sell. So if he sells will a red Flag (kinda speak) pop up in the court system to show the divorce agreeement made or not? and If he was to die and his now wife was still in the home will I have any rights at all to make her sell or if she does sell will I have any rights then so my children will then get their part? Hope this makes sense.
Thank You
deluga1220
What EXACTLY does it say regarding distribution? Is it to be divided among "the" children, or is it specified that it is divided only among his children WITH YOU.
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Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
  #4  
Old 12-28-2006, 08:04 PM
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Join Date: Jan 2003
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Quote:
Originally Posted by deluga1220 View Post
What is the name of your state? GeorgiaI was married In 1982 and we divorced in 1991. He adopted my son in this time frame. We had a child while married. Now when we divorced in the divorced decree it stated if the house was to be Sold and Either one of us remarried then that person or both would recieve a childs share and the balance would be divided Among the kids. It never said if he "Died" yes HE has the house.We had other properties and I ended up with 1 and he another.Since our divorced I married again and he has 5 more times and has 2 more children thur the other women. I heard he was going to leave all to one of the other wives child but I also just heard he was going to sell. So if he sells will a red Flag (kinda speak) pop up in the court system to show the divorce agreeement made or not? and If he was to die and his now wife was still in the home will I have any rights at all to make her sell or if she does sell will I have any rights then so my children will then get their part? Hope this makes sense.
Thank You
deluga1220
What EXACTLY does it say regarding distribution? Is it to be divided among "the" children, or is it specified that it is divided only among his children WITH YOU.

Also, if he's been using marital funds to improve this house or make payments, his spouse may potentially have marital property rights to his share of increase in value since the divorce.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
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