Can a will override a divorce decree

7 Replies

I got divorced in 2005. My ex is on the deed still. She refuses to take her name off of it. I am remarried. I put my new wife lifetime rights to live there for a lifetime. Can my ex kick her out even if the will states that she can live there? Please help!

Did you purchase the home before you were married, or after/during your marring? 

Google:    Tenants in Common,Joint Tenants, Tenants by the Entirety. 

Look to see if anyone of those apply to your situation. Divorces are sticky, and really depends on how the estate was split up. I would say your best bet is an Attorney.

You didn't tell us what the divorce decree/judgment said about title to the house.

The divorce decree states that she was to remain in the home until otherwise mutually agreed. Then, me or her could live there & if not mutually agreed upon, then my granddaughter inherits the property.

Well, there you go.  That sounds like an incredibly stupid worded agreement "if mutually agreed", but you can't override that by anything you do now.  You really need to sit down with an attorney.

o.k. I am going to see an attorney on Thursday. I just don't want my wife out on the street when we have paid the property taxes & fixed the place up. Thank you

@Lynda Allison  Just a technical point--occupancy is not ownership.  The decree (apparently) gives her the right to occupy the property.  The language you quoted says nothing about ownership of the property.

The deed has my name first, then her name is under mine. She refuses to take her name off of it.`

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here