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  1. #1
    Join Date
    Sep 2008
    Location
    Alabama
    Posts
    3

    Default Removing Ex-Spouse (Deceased) from Deed

    Location of property: State of Alabama, Montgomery County

    First, I have read this entire forum to make sure my questions were not already answered. Partially they are but not entirely.

    Desired Result: Removal of an ex-spouse from deed.

    This is a complicated situation so please donít just say find an attorney. I can do that. I would like to think with a little help I can do this on my own.

    Situation:

    Husband and wife purchased a home with joint tenancy and right of survivorship in 1992.

    Husband abandoned home in 1996.

    Wife made all payments (mortgage, insurance, taxes, improvements) on home since that time.

    Mortgage is now paid and released.

    Husband and wife divorced in 2001, with a property settlement stating wife would sell or refinance home within one year. (Recorded in Virginia)

    Via verbal agreement, wife was allowed to stay in home so long as above payments were kept current.

    Husband remarried in 2002.

    Husband died in 2004.

    Oh what a tangled web we weave

    Any and all advice will be greatly appreciated.

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: Removing Ex-Spouse (Deceased) from Deed

    Who's name is on the deed?

  3. #3
    Join Date
    Sep 2008
    Location
    Alabama
    Posts
    3

    Default Re: Removing Ex-Spouse (Deceased) from Deed

    Quote Quoting gigirle
    View Post
    Who's name is on the deed?
    Husband (ex-spouse, remarried and deceased)

    and

    Wife.

    Desire is to have Husband's name removed from deed.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Removing Ex-Spouse (Deceased) from Deed

    Take a look at this case, Fitts v Stokes.
    Quote Quoting Fitts v Stokes
    In Watford, this Court held that a property settlement incorporated in a divorce judgment that called for the sale of the property upon the agreement of the parties severed the joint tenancy and created a tenancy in common. Thus, when the husband died intestate four years after the divorce and before either party had taken any action to sell the property, his ex-wife did not take the entire interest in the property by right of survivorship, because the joint tenancy had been extinguished, as evidenced by the intent of the parties reflected in the property settlement incorporated in the divorce judgment. Instead, the ex-wife and the decedent's estate each held a one-half interest in the property as tenants in common. 410 So. 2d at 886.
    It sounds like that would apply under the facts you describe.

  5. #5
    Join Date
    Sep 2008
    Location
    Alabama
    Posts
    3

    Default Re: Removing Ex-Spouse (Deceased) from Deed

    Quote Quoting Mr. Knowitall
    View Post
    Take a look at this case, Fitts v Stokes.It sounds like that would apply under the facts you describe.
    Yes is does, unfortunately.

    Some facts not so far noted:

    Wife gave in consideration, in that husband to be removed from the Alabama mortgage and deed, her removal from a Florida deed. There was no mortgage on the Florida property and the transfer was included in the property settlement. However, the wife never assigned her share (joint tenancy with right of survivorship) to the husband's estate.

    Husband's heir's filed suit to Quiet Title in Florida which was not contested by Wife, as contest would be lost since given in the property settlement.

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