Q: If my father remarried but the dead to the homes has the ex wife and his name on it what can i do to remove a person?
Can i remove hes ex wife from the home?
A: Go speak with a lawyer about this. I do not know enough facts to give you a solid answer as to what you should do. I think you meant deed, not dead, right? What happened in the divorce as far as that house goes? She might have already signed a quit-claim deed to him. I don't know. If she was required to do that and she failed to do it, a motion for enforcement might be needed. When parties get divorced the real estate changes aspects of ownership, it could have become a tenancy in common as opposed to a joint tenancy with rights of survivorship, by operation of law. You cannot know all the stuff that is in my head, and I cannot know all the stuff that is in your head, without at least talking about it. If your father has died and you are the only heir, then you will most likely have to open an estate. You may not be able to remove the ex, I just do not know enough to be able to answer you.
A:
You have to file a case for partition of real property and to quiet the title to the property.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
jsmitten@careyandleisure.com
www.careyandleisure.com
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