Not really about relationships

Well, it is and isn't, it's more about a legal ownership.
I had a friend ask a question and I didn't have an answer. I told him he'd have to talk to a lawyer,, but then I got curious.
Without going into elaborate detail, here's the question....


He and his wife got divorced and he got the house. In the settlement, she signed a paper saying that she gave up all claims to the property and that it was his free and clear.
Fast forward about 4 years and they got remarried. Does she now have a claim on the house or does the judgement stand ? Remember, she signed a legal document giving up all future rights to the property.


Just for context, they don't live in it, he rents it out and is tired of fooling with it because of people owing back rent and just packing up in the middle of the night, leaving him empty handed and wants to sell. She wants to keep it and says she won't sign any papers if he tries to sell it.

I did point out to him the elephant in the room, in that if he sells without her, he's going to have much bigger problems that just some back rent.

I would think that all claims have now been legally changed, as they have remarried.
If he did sell the house, wouldn't half the money be hers anyway?

a reply to: RonnieJersey

That's why I told him to talk to a lawyer.

If she legally gave up all future claims to the property, I don't know if that would change because they remarried . I don't know if the original document is binding.

If she doesn't have a claim, he owes her nothing as far as I'm concerned.

In the real world, if he did sell and didn't share the money, I'm thinking he's gonna be right back in divorce court.

It may be state specific. In Missouri, a divorce is a dividing of assets and debts, basically a business deal. Since she signed over all rights to the property to the husband, she has no claim. However, any profit generated from the sale or profit from reinvestment of the money could be considered marital assets and subject to division.

a reply to: Moon68

The only advice I give in situations like this is : Go See A Lawyer.

Other than that, I told him to draw up a stiff rental agreement to the point that it keeps out the riffraff.

I kinda feel for the guy because at this point, it's a matter of principal to him and he's not the type to back down.
They get along fine as far as I can tell, but he's dead set on selling and I think this could open a huge rift.

Which goes to show the old saying is true :

You can be right or you can be happy. You can not be both.

Is her name on the title/deed?

That may be state specific as well.

a reply to: chiefsmom

I'm assuming it would be since they were married when it was bought.

Hey
When I got divorced from my wife I signed the same document. It is legally binding and does not matter if either gets remarried. It is his to do what he pleases with. He doesn't even have to have her sign any legal documents. He just has to present a copy of the original notorized document when they got divorced. I live in Illinois so it may be different in another state, but I don't think so.a reply to: DAVID64

I am not a lawyer , and he needs one to cover his ass in this one …. The paper she signed giving up rights , may have specific wording in it regarding getting back together or any thing in the future ….marriage laws do vary state to state …… but if she is not in the deed , and the paper is written correctly , then she should not have any claim…. In my opinion he should ask a lawyer about selling the rental and putting the money in a trust that is only for him, and who he leaves it too if he dies … that way she can’t get her hands on it . … sounds like they will be getting g divorced again soon !

Property owned before marriage is considered separate property.

Property that was owned prior to the marriage is usually considered separate property, along with individual gifts, inheritances, personal injury awards, property acquired in just one spouse's name that is not used for the benefit of the other spouse and property agreed to be separate.

So no, she has no claim unless he decides to have a quit claim deed filed to allow her on the deed.
He should locate the deed and confirm she was removed prior, as agreed.
imo. That would be the only hangup for title/deed transfer.
I'm not a lawyer, but I deal with this stuff investing a bit.

See if the document she signed was a quit claim deed. If so she has no standing from then on. Though if you wanted to be nice you could give her the option of purchasing it before you put it on the market. But see a lawyer just to make sure you have the i's dotted and the t's crossed.

From my experience, her name needs to be added back to the deed. My mother's name was not on the deed when she and my father bought a house. He kept her off of it. When they divorced, she had no entitlement to her home and lost everything when he sold it at auction. She had even made escrow payments, but because her name wasn't on it, it did not matter.

Fast forward to when I first got married, and my husband wanted to add me to the deed. I asked about the value of the house and the mortgage. The house had decreased in value compared to what was owned at the time, and I said, "No thanks, put it on the next one." She also needs to see if there are any outstanding loans taken on it prior because she might be liable for the loan by adding her name to the title.

a reply to: RonnieJersey

Yes. I agree w you. Thnx

a reply to: eyesopen777

That's why I was wondering about the deed.
My hubby's name is not on it, because I bought it before we were married, and I found out that could cause problems if anything happens to me.
Looking into a Lady Bird deed anyway now.

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