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Homeownership After Divorce
Hello hope you’re well, have question for you. My brother was divorced but the house is in his wife name and his and the payment and deed are in both. He has 3 children will his part go to his kids.
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9 Replies
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Hello, we’re happy to help. Answer the question and figure out the best solution for your brother. Can you hold at home after divorce? Most definitely the answer is yes as far as his personal circumstances it’s going to be based on his personal credit and income how much he has in the way of assets to help him buy.
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So if brother pass away dose his part go to his 3 kids or the X wife get it ?
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Thank you
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Everything that is your brothers assets will go to his heirs. If your brother’s children are his heirs, the children will inherit his portion of the equity of the house. The divorce decree should state what the judge awarded each spouse from the divorce. He should also set up a will in the event he passes.
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When someone divorce, the assets get split up. The asset distribution is stated on the divorce decree. If the spouse got awarded 100% of the house, then she will get the house and your brother doesn’t get anything. If your brother gets awarded the house, the ex-spouse doesn’t get anything and your brother gets 100% of the house. If it’s 50/50, then your brother’s 50%, he can will it to his kids. Any asset of your brother’s, goes to his heirs.
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I hope you’re doing well too! Your question touches on the topic of property ownership and inheritance, which can be complex and is often influenced by state laws and the specifics of the divorce settlement.
Here’s a general overview:
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Ownership and Deed:
- Since both your brother and his ex-wife are on the deed, they likely own the property as either joint tenants or tenants in common.
- Joint Tenants: If they own the property as joint tenants with the right of survivorship, your brother’s share of the property would automatically pass to his ex-wife upon his death, not to his children.
- Tenants in Common: If they own the property as tenants in common, your brother’s share of the property can be inherited by his heirs, which could include his children.
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Divorce Settlement:
- The divorce decree may outline specific provisions about what happens to the house in the event of your brother’s death. It’s important to review any legal documents related to the divorce to see if there are any stipulations about the property.
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Will or Estate Planning:
- If your brother has a will, it would typically specify who inherits his share of the property. If the will leaves his share to his children, then they would inherit it, assuming they are listed as his beneficiaries.
- If there is no will, the state’s intestacy laws would determine who inherits his share, which often defaults to his children if he is not remarried.
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Legal Advice:
- It’s important for your brother to consult with an estate planning attorney who can provide advice based on his specific situation, including how the property is titled, the terms of the divorce settlement, and state inheritance laws.
Key Considerations:
- Property Title: Verify whether the property is held as joint tenants or tenants in common.
- Divorce Decree: Review the divorce agreement for any clauses regarding the house and what happens to it upon either party’s death.
- Estate Plan: Ensure your brother has a will or estate plan in place that clearly states his wishes regarding his share of the property.
Given the potential complexities involved, professional legal advice is highly recommended to ensure that your brother’s wishes are honored and that his children are provided for according to his intentions.
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I appreciate your inquiry. This is a complicated problem involving estate planning and property law. If I may summarize what you have told me, here are some things to think about:
Joint Ownership: It matters what kind of joint ownership the house has with your brother and his ex-wife.
- Joint Tenancy with Rights of Survivorship—In this case, the surviving owner (usually the wife) takes over the whole thing automatically.
- Tenancy in Common – Your brother’s portion might pass to his children or other heirs here.
Divorce Agreement: The divorce settlement might include instructions on how properties will be handled if one party dies before another does.
Will or Estate Plan: If he has one, it’ll say who gets his share of that place.
State Laws: You didn’t mention where this happened. We need more details. Different states have different rules on inheritance rights and properties in their territories. Outside those owned by residents thereof, they shall be governed exclusively according to the law unless otherwise provided from now on after subsequent acts heretofore until recently.
Unless deemed necessary under current practice, albeit against public policy notwithstanding, any such provisions remain invalid. Remains invalid until always repealed except as authorized pursuant hereunto. Therefore, otherwise made known at present while still valid during future legislation without prejudice as to any existing laws enacted prior here forthwith upon ratification notwithstanding the fact.
Mortgage Responsibility: Just because kids inherit part doesn’t mean they don’t owe a mortgage, too!
Deed Details Matter: How a deed is written can change ownership rights quite a bit sometimes, so watch out for those words people use when signing stuff like this.
Please let me know if there is anything else you would like to know about estate planning or property ownership.
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I can’t give a definite answer based on the limited information given to me since the outcome depends on several factors. However, I could provide you with some possible scenarios:
If the house is owned as Joint Tenancy with the Right of Survivorship:
In this situation, your ex-wife will most likely get your brother’s share automatically, regardless of any will or other intentions.
If the house is owned as Tenants in Common:
Your brother’s share might go to his three children. Depends on whether he has a will that says so. State laws if he dies without a will (intestate). Any agreements made during the divorce.
Divorce agreement:
The divorce terms may say what happens to the home when someone dies, which can override other arrangements.
Mortgage and deed:
Having both names on these documents means nothing if there isn’t joint tenancy or another form of sharing ownership equally.
State laws:
- These are different everywhere and can change who gets what in an inheritance.
- Especially if no will was made.
Given this complex and important situation, I would advise your brother to do the following things:
- He should talk to an estate planning lawyer who knows about such matters so they can tell him exactly how things stand for him.
- If he doesn’t already have one, make a will that clearly states everything he wants to be done with his assets after death.
- This includes sharing them among his kids equally or giving full ownership rights over each child.
- Consider setting up trusts for each child that ensure they receive their fair portion once certain criteria are met, such as attaining a certain age bracket or level of education.
- Review and update the ownership structure of the house.
- Should it be held under a joint tenancy agreement between siblings only or shared among all four parties?
Without having more details about the specific legalities involved here or seeing relevant paperwork like a divorce decree. I can’t say what exactly would happen. A qualified estate planning lawyer would be able to give you the most appropriate advice in light of all the facts presented about your brother’s situation.
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The answer differs for each divorce agreement and how the property is titled. The following is a breakdown:
Property Title
Joint Tenants with Right of Survivorship: If held as joint tenants with right of survivorship, your brother’s interest in the property would pass automatically to his ex-wife when he dies, even if he has other wishes stated in his will or doesn’t have kids.
Tenants in Common: However, if owned as tenants in common, then his portion would not pass directly to her but instead go into his estate, which is distributed according to intestate laws (if no will) or testamentary provisions (if there is one).
Divorce Decree
Sometimes, divorce settlements include language about what happens if one spouse dies before everything gets sorted out. So, depending on their agreement, she may still get half.
Will or Estate Plan
If there’s a will: If your brother has a will that says his share should be given to children. They hold it as tenants in common, and this means that upon death, all rights shall vest indefeasibly with them as tenants in common being co-owners without the right of survivorship, which means that each child becomes vested with an equal, undivided interest therein.
No will: On the other hand, if he doesn’t have one, then state law takes over – most likely resulting in everything going equally among offspring