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Estate Issues

I divorced my first husband in 1997 and left everything with the understanding that it would benefit my children. I had a fairly amicable divorce and we even stayed really good friends and still are somewhat. But, he recently remarried as did I and his new wife and her daughter by a previous marriage control the house even to the point of my children being verbally abused. I feel that everything we built up including no debt and our house paid off completely will go do this new wife and ultimately her daughter and nothing to my children. I would have never left everything if I had known he would take someone else over his children. Can I open the divorce based on finalizing it under what now seems to be false pretenses? My name is still on the warranty deeds for the house and the land since I have not signed anything to have those removed. Does that protect those items from her getting them if something were to happen to my first husband (he has had numerous health issues even during our 10 year marriage)? There are no children of his current marriage. My three kids are his only heirs

by flick0612 Posted on 3/14/2008 10:30 AM	send to friend e-mail this from divorce360.com [Estate Issues] - divorce360.com To E-mail: Separate multiple addresses with commas(,) From (Your name) : Your e-mail address: Message:
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In the divorce I did let him have everything so that the kids would have it. But, he has never had me sign anything to remove my name from the warranty deeds for the house and land.
As for things that are mine going to his new wife, I am not sure what is considered mine since in the divorce I gave everything to him. But my question is, do I have any right to go back and fight for a proper division of property since I feel like I left everything for my kids and that he is not seeing to it that that agreement is followed through on. I feel like I left everything under false pretenses. If I had known he would turn into a jerk and his new wife urging him to be that jerk I would not have left anything. I would have had everything divided in half and left my half to my children in way of a savings account or a trust.
I just don't know what I can do to protect what I left for my children. I don't want anything from the house and I don't want the house or land. I just want my children to get what is rightfully theirs. And talking to their dad about this is not an option because he seems to be brainwashed by this girl. He doesn't even listen to his kids anymore. He takes her side against them everytime.

by flick0612 3 Posts
Posted on 3/21/2008 9:10 AM

Was there any division of property ordered by the Judge and was it included in the divorce Decree? If it wasn't, you could consult a lawyer if it is possible to file a separate petition for the division of property, and if it was, you still have your name on the deeds. He cannot sell, or put it in his wife's name without your signature.
More likely she would inherit his half, while the other half would still belong to you if there's no will stating differently.

by Smirdule 5 Posts
Posted on 3/15/2008 12:49 AM

It may depend on your state and what the divorce agreement states. The house was something that was not purchased within the time frame of his curtain marriage, so it will fall on divorce docs and state laws. You both may want to do a living will on the house for your children.

by mic 4 Posts
Posted on 3/14/2008 1:20 PM

Not sure I follow here. Why would anything of yours go to his new wife? Do you both have wills?

by Mary 179 Posts
Posted on 3/14/2008 11:50 AM

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