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Who is responsible for debt on a credit card after divorce and after person who made the debt dies?
Review the divorce decree. It typically specifies who is responsible for the debts of the couple. Their estate has to resolve the debt if it was assigned to them.
Joint Tenancy Warranty Deed vs Divorce Decree If a warranty deed is in Joint Tenancy and a divorce decree says its a 60 40 split which document rules?
Ok the property is held in joint tenancy which means upon the death of one of the joint tenants, the property, by operation of law, passes to the survivor. The Divorce Decree (Judgment) does not effect this. Now if a memorandum of the Divorce Decree was recorded it would become a lien on the property and would eventually have to be satisfied from a sale. If both of the joint tenants are alive, the Divorce Decree controls. If one of the joint tenants dies the estate of the deceased joint tenant would have a claim against the surviving joint tenant under the Decree. Tony B.
Does a will become null and void if a divorce occurs after a 46 year marriage and 9 months after the divorce the husband dies?
It depends on the laws of the jurisdiction where the divorce took place and what the divorce decree states. In many places, any will executed prior to the divorce is declared null and void. Consult an attorney in your jurisdiction.
How does divorce affect property interest formerly held as tenants by the entirety and what happens when one dies?
A divorce decree generally breaks a tenancy by the entirety and creates a tenancy in common between the parties. In that case when one dies their half interest in the property passes under their will or to their heirs at law under the state laws of intestacy if they had no will. You can check the laws of your state at the related question link provided below. In your case the interest would pass to the spouse of the decedent or the decedent's children.
Does a 2nd wife have a right to receive life insurance of several thousand a month until she dies but they divorced years before he died and she remarried before his death?
Maybe. Life insurance is a contract and if the beneficiary on the policy is listed as the 2nd wife, she is entitled to the money. Check the divorce decree, it may, depending on who drafted it and what state you are in, may have stated that any such designation as beneficiary is void. It may also have said in the divorce decree that maintaining her as beneficiary of an insurance policy was a condition of the divorce.
How long to you have to wait in Wisconsin to get remarried after a divorce?
Before 4/12/72, a divorce became final one year after it was granted. The date of the granting of the decree, usually the date of the trial, commenced the running of the 1-year period which must elapse before the divorce became final. A remarriage in any State prior to the expiration of that 1-year is void, because the decree granted has the same effect as a decree nisi and does not sever the marital ties. (If either party dies within the 1-year period indicated above, the marriage is deemed dissolved by final decree immediately before such death.) (See last paragraph of entry for change of position.) After 4/11/72, and before 2/1/78, the date of the granting of the decree, usually the date of the trial, commenced the running of the 6-month period which must elapse before the divorce became final. This applied to a divorce decree resulting from the service of a summons upon the defendant before 2/1/78. A remarriage in any State prior to the expiration of that 6 months is voidable. (If either party dies within the 6-month period indicated above, the marriage is deemed dissolved by final decree immediately before such death.) On or after 2/1/78, a divorce decree resulting from the service of a summons upon the defendant is final immediately, except that a 6-month waiting period during which the parties must not marry will be established in each decree. Any marriage in violation of this prohibition is voidable. All marriages referred to under the former laws as being void are now considered voidable. Any remarriages can become valid if the marriage is entered into by one of the parties in good faith and if the parties continue to live together following the removal of the impediment; i.e., the expiration of the waiting period. This is a change of position effective 12/27/78.
If an ex wife has a vehicle via divorce decree she never titles the vehicle a year and a half goes by The ex husband dies and leaves all vehicles to his children who gets the vehicle?
The ex-wife has the car. His estate has no rights in the vehicle.
Is an ex-wife who remarries but have children and grandchildren be a beneficiary of a man who dies intestate?
Generally, an ex-spouse is barred by law from making any claims against the estate of their former spouse. Generally, a divorce decree bars either party from making any claims against the other, as between the parties, forever. An ex-spouse can make a claim against the estate of a decedent who is in default of child support payments.
What is the status of a divorced woman when her ex dies?
When a divorced woman's ex dies, her legal relationship with him is generally terminated through the divorce decree. However, she may still have certain rights or entitlements regarding matters like inheritance, pensions, or life insurance if they were specified in the divorce settlement or any subsequent agreements. It is recommended for her to consult with an attorney to fully understand her rights and obligations in this situation.
Am I responsible for a home loan if my ex husband dies and not on title?
You will need to get it cleared up with the lender. If you do not want the house or any equity in it, then you could talk to the loss control department and send them what they need. Perhaps a quit claim and a copy of the divorce decree will be enough.
What is the purpose of the nisi period in a divorce judgment?
Some states issue a judgment nisi in a divorce action. That type of decree has a cooling off period that varies from state to state. The couple is divorced for all practical purposes, however, the decree isn't final until the nisi period has expired and there are legal consequences for certain events that may occur during the nisi period. There may be different nisi periods for different grounds for divorce. Its purpose is to give the parties a chance to change their minds before the divorce becomes final. In that case, the parties can file a motion to dismiss and the judgment will be extinguished. There have been many cases in which this happened. A party cannot remarry during the NISI period and there are important aspects regarding inheritance in the event of death. For example, in Massachusetts the judgment nisi does not terminate the marriage since the parties remain married during the nisi period. At the end of the nisi period the judgment automatically becomes final and the marriage is legally dissolved. If one party dies during the nisi period the other inherits as the surviving spouse. The nisi period has its roots in English Common Law.
If a divorce parent dies is his estate responsible to meet divorce settlement agreements?
Quite often, yes.
