First right of refusal

[JimC]

My girlfriend has an agreement in her divorce degree called first right of refusal for some property jointly owned in the course of her marriage. Her ex-husband wants to give to it to their son. Is this right of refusal transfered with the gift to the son?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JimC:
My girlfriend has an agreement in her divorce degree called first right of refusal for some property jointly owned in the course of her marriage. Her ex-husband wants to give to it to their son. Is this right of refusal transfered with the gift to the son?<HR></BLOCKQUOTE>

No. The right is not transfered unless specifically ordered. Any transfer of the property can not be completed until the exwife (your girlfriend) is offered first the right to buy the property. If she refuses then he can gift it to his son. Depending on the language in the divorce decree, she may already own half of the property as a tenant in common and his half interest is the property at issue that he would gift.

 

[JimC]

Where could we find out more about the tenant in common concept? We're in Oklahoma and she has already signed a quit claim deed.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by JimC:
Where could we find out more about the tenant in common concept? We're in Oklahoma and she has already signed a quit claim deed.<HR></BLOCKQUOTE>

If she has already deeded the property to her exhusband, then she has no interest in the property, therefore extinguishing her first right of refusal interest.

 

[JimC]

Thanks for the info. The real crux of the problem is how to keep the property intact if the father gives it to the son and the son ends up getting divorced. I guess I've asked the question in a round about way.