I was married 28 yrs, divorced in 1995, property settlement was to be determined at a later date and approved by the court. We said we would quit claim property, which we never did, the MDA was never incorporated into the decree. He became a quadriplegic and I cared for him until his death in 2-03. My son (executor) wants me off this property which we owned by tenants by entirety. I know in TN when divorced it becomes tenants in common. The deed has remained in both our names.
When he opened probate 03, the problem of quit claims came up, it was the same divorce judge. He was informed he never approved the MDA in court and it was never incorporated into decree. Now it is 2010, I still live here but my son says I have no interest. The property he was to quit claim to me has a number of IRS leins (his) and it was to be free and clear and it is not. My lawyer says I do because the quit claims agreement was between husband and wife and neither one enforced it. The executor has made no attempt to remove my name from the property. Is there a statute of limitations for the court approval and has the statute of limitations run out on quit claiming because it is contractual in nature? I do not see where my son can force me to sign a quit claim since his father never did.
Thank you

