Re-open 30-year-old divorce?

[toddy]

What is the name of your state (only U.S. law)? Kansas

I was divorced from my first wife 30 years ago. During the time we were married, we purchased 4 cemetery plots, one of which was used to bury our 4 year old. The plots were in my name only and I have always planned on being buried there. Now my ex wants to re-open the divorce to get the plots. I received a letter in the mail from her attorney asking that I sign over the plots to her or they will go to court to get the divorce re-opened. The plots were never specifically addressed in the divorce.

Can she do this after 30 years?

 

[LdiJ]

What is the name of your state (only U.S. law)? Kansas

I was divorced from my first wife 30 years ago. During the time we were married, we purchased 4 cemetery plots, one of which was used to bury our 4 year old. The plots were in my name only and I have always planned on being buried there. Now my ex wants to re-open the divorce to get the plots. I received a letter in the mail from her attorney asking that I sign over the plots to her or they will go to court to get the divorce re-opened. The plots were never specifically addressed in the divorce.

Can she do this after 30 years?

If they were in your name only, and were not addressed in the divorce, then I would think that they are your property. I don't see how that can be re-opened 30 years later. I am not saying that its impossible, but it seems very unlikely.

I would sit back and wait and see what happens. The attorney may be bluffing.

 

[tranquility]

I can't see this being reopened. The assets were known at the time of the settlement.

 

[latigo]

What is the name of your state (only U.S. law)? Kansas

I was divorced from my first wife 30 years ago. During the time we were married, we purchased 4 cemetery plots, one of which was used to bury our 4 year old. The plots were in my name only and I have always planned on being buried there. Now my ex wants to re-open the divorce to get the plots. I received a letter in the mail from her attorney asking that I sign over the plots to her or they will go to court to get the divorce re-opened. The plots were never specifically addressed in the divorce.

Can she do this after 30 years?

The attorney is blowing smoke. He or she should know that those burial plots that "we purchased" and not distributed in the divorce are now owned in cotenancy.

But why would you want to deny her desire to be buried near her child? Or she deny your similar wishes?

 

[toddy]

The attorney is blowing smoke. He or she should know that those burial plots that "we purchased" and not distributed in the divorce are now owned in cotenancy.

But why would you want to deny her desire to be buried near her child? Or she deny your similar wishes?

She doesn't want me buried there. We bought 4 plots. Our child is in one. My wife and I plan on using two. She wants ALL of them. She will not settle for just one.

 

[LdiJ]

The attorney is blowing smoke. He or she should know that those burial plots that "we purchased" and not distributed in the divorce are now owned in cotenancy.

But why would you want to deny her desire to be buried near her child? Or she deny your similar wishes?

Please explain how they can be owned in co-tenancy? Kansas is not a community property state and according to the OP, they were in his name only...and its 30 years later.

 

[Bali Hai]

She doesn't want me buried there. We bought 4 plots. Our child is in one. My wife and I plan on using two. She wants ALL of them. She will not settle for just one.

She certainly has a lot of nerve. If it were me, she would settle for none. What are the dimensions of each plot?

 

[toddy]

She certainly has a lot of nerve. If it were me, she would settle for none. What are the dimensions of each plot?

I don't really know. Just average size, I guess. I really don't care for her to be buried that close to me. She was pregnant with another man's child at the time of the divorce and has been married a total of 4 times (that I know of).