Spring Hill, FL asked in Divorce, Real Estate Law, Tax Law and Probate for Florida

Q: Is my ex husband's property mine if I'm still on the deed/title and he's passed away?

My ex husband has no will. Before marriage he had property, he put my name on the deed after marriage, we are divorced and my name is still on property deed, can I claim it even though we have been divorced for 7 years and no children? Even if someone else has paid the taxes? In Pasco county Florida.

4 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Probate Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: You need to seek the advice of a probate attorney within the county (or area) where you ex lived when he passed away. You need to have specific advice after the attorney looks at the deeds etc.

Lauren Nagel Richardson agrees with this answer

Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: There are some questions that need to be asked.

But generally, when you got divorced all real estate that you owned together as tenants by the entirety (husband and wife) became owned by you and him as tenants in common. The difference is that in the former you and he each owned 100% indivisibly. After the divorce you owned each property 50 / 50 as if the property ownership was divisible.

Therefore with your basic information provided, this Pasco property is owned by you 50% and by your former husband's estate as to the other 50%.

See an attorney who can help you decide what you want to do with your interest in this property.

Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: Generally, and based on the limited information you provided, you own half.

Lauren Nagel Richardson agrees with this answer

Lauren Nagel Richardson
Lauren Nagel Richardson
Answered
  • Probate Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Please contact a probate attorney in your area to review the final judgment of dissolution of marriage and the deed. You may own one-half as tenants in common, or you may not own anything. A probate attorney or real estate attorney will be able to tell you exactly what your ownership interest is, if any.

Mr. Long H. Duong agrees with this answer

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