Divorce trying to keep property

[maritrod]

Jurisdiction

California

Went through a divorce it was finalized to sell the property but suddenly my ex husband passed away. Is there any way I can keep the house?

 

[army judge]

You need to HIRE a licensed, California attorney to help you.

The volunteers on this site aren't able, nor are they allowed to dispense specific legal advice.

The sooner you act, the sooner you can receive your required legal assistance.

Good luck to you.

 

[adjusterjack]

Yeah, that's going to be complicated. I lawyer is definitely a necessity.

 

[maritrod]

I currently have one but how would I know if I'm not getting scammed?

 

[army judge]

I currently have one but how would I know if I'm not getting scammed?

You're the only person in a position to know if you're being scammed.

Internet dummies know nothing about your relationship with your attorney.

 

[Red Kayak]

I currently have one but how would I know if I'm not getting scammed?

If you are concerned about your current lawyer, you should get a consult with 2 or 3 other lawyers/firms.

If you find a substantial difference in what you hear, it may indeed be time to consider switching lawyers. Only you have the knowledge of whether the cost of switching lawyers has a reasonable probability of being less than what you can reasonably expect to gain.

 

[welkin]

Went through a divorce it was finalized to sell the property but suddenly my ex husband passed away. Is there any way I can keep the house?

It's not clear if you got a final judgment of divorce or if it was just agreed that the house would be sold and the proceeds divided.

When one spouse dies during a divorce, the divorce stops (it ends). The disposition of assets of the deceased spouse would be according to their will or the laws of intestate but not the divorce judgment.

So, if your husband died before the house was sold, you may already own the house if you have a right of survivorship in the deed.

What has your attorney been telling you?

 

[zddoodah]

Went through a divorce it was finalized to sell the property but suddenly my ex husband passed away. Is there any way I can keep the house?

Yes, but there are many questions that need answering:

1. When was your divorce judgment entered?

2. What exactly does your divorce judgment say about selling the house? Specifically, I'm wondering if it sets any sort of deadline for the sale. If it does, what is the deadline?

3. When did your ex die?

4. Has a probate case been opened for your ex's estate? If so, when did that happen? If not, do you expect it to happen? If not, what do you expect to happen with his estate?

5. Do you and your ex have children together (or does he have children from another relationship)? If so, are any of the children adults? If no children, are either of his parents living? If not, does he have siblings?

6. If you answered yes to any part of #5, have you discussed with those persons your desire to keep the house?

If you answer all of these questions, I may be able to point you in the right direction.

I currently have one but how would I know if I'm not getting scammed?

This is a truly odd question. Do you have any reason to think your attorney might be scamming you?