Land Was to Be Sold but Was Given to an Ex-Spouse's New Wife
My question involves a marriage in the state of:TN
My girlfriend divorce was final in Oct 2012. Her x owned a piece of undeveloped land free and clear that both were on the deed to. He was ordered to “expeditiously” sell the property and she would be entitled to ˝ of the proceeds. He didn’t put any effort into selling the property and has since remarried. We just found out that in Sep 2013 he signed the land over to his new wife for $0. The market appraisal on the property is $68,800. The property was purchased from family in 2000 for $22,000. Should we write him a nice letter checking on the status of the property and funds? Should we go to an attorney first? Does that fact that he transferred the property out of his name have any bearing on the divorce order?
Anything else that would help in your answers?
Re: Land Was to Be Sold but Was Given to His New Wife
There's no "we" -- there's your girlfriend and, if she has one, her lawyer. This isn't your fight. You can support your girlfriend, help her retain a lawyer, etc., but it's not wise to put yourself into the middle.
If the property is no longer in your girlfriend's ex's name, and the judgment says that she is to get half of the proceeds when the property is sold, she can consider taking the matter back to court and asking that the court order her ex- to pay half of the market value of the property.
Without reading the actual divorce order, we cannot tell you how her ex's actions relate to the language of the order.
Re: Land Was to Be Sold but Was Given to His New Wife
I actually think your girlfriend should have a sit-down with an attorney to review the facts.
Re: Land Was to Be Sold but Was Given to His New Wife
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Mr. Knowitall
There's no "we" -- there's your girlfriend and, if she has one, her lawyer. This isn't your fight. You can support your girlfriend, help her retain a lawyer, etc., but it's not wise to put yourself into the middle.
I had no plans on putting myself in the middle of this. I am just trying to help her figure out what the best 1st step should be. (Lawyer or personal letter to him)
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Mr. Knowitall
If the property is no longer in your girlfriend's ex's name, and the judgment says that she is to get half of the proceeds when the property is sold, she can consider taking the matter back to court and asking that the court order her ex- to pay half of the market value of the property.
Without reading the actual divorce order, we cannot tell you how her ex's actions relate to the language of the order.
Thanks....I'll quote the order for you when I get home
Re: Land Was to Be Sold but Was Given to an Ex-Spouse's New Wife
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1Opinion
Her x owned a piece of undeveloped land free and clear that both were on the deed to.
so he gave away only his share of the interest in the property since your girlfriend is a 1/2 owner of the property and he could not sell her share, correct? That would mean she still owns 1/2 of the total interest in the property, right?
Re: Land Was to Be Sold but Was Given to an Ex-Spouse's New Wife
I would speak to an attorney, at least for an consult, before communicating directly with ex or mrs. ex. I say that because ex already knows he' s out of compliance, and, it did't happen by accident - in fact, it was very much premeditated - i.e. he's already shown his true intentions. Therefore, any further communication you have with him before the property is secured, if necessary, may give him (through his wife), the ability to make this process even more difficult.
Re: Land Was to Be Sold but Was Given to an Ex-Spouse's New Wife
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1Opinion
My girlfriend divorce was final in Oct 2012. Her x owned a piece of undeveloped land free and clear that both were on the deed to. We just found out that in Sep 2013 he signed the land over to his new wife for $0.
What do you mean that the property was signed over to his new wife? Was it a quick claim deed? Was it recorded?
How could that happen without the X-wife's signature if her name is on the original deed? Was her signature forged?
Re: Land Was to Be Sold but Was Given to an Ex-Spouse's New Wife
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budwad
What do you mean that the property was signed over to his new wife? Was it a quick claim deed? Was it recorded?
How could that happen without the X-wife's signature if her name is on the original deed? Was her signature forged?
I'm not entirely sure who does or doesn't own the property; first it's the ex-husband owned the property but then it's stated that they're both on the deed.
Maybe confusion of the terms?