If a man wanted to divorce his wife who moved out to florida, but died four days latter, can his estate partition the house?

Asked over 1 year ago - Mount Laurel, NJ

He wanted the partition. he just died too soon. the house was jointly owned by husband and wife.
upon his death, the house went to the spouse who left to florida. It was a second marriage. the decedant has separate hiers. The decedants death is a windfall to his separated wife and her kids.

Attorney answers (3)

  1. John B. D'Alessandro

    Contributor Level 14


    Lawyers agree

    Answered . The estate may be able to assert an action for a constructive trust in order to protect whatever rights he may have had. However more facts are needed. I suggest you consult with an attorney as soon as possible.

    IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-... more
  2. Yolanda Navarrete

    Contributor Level 20

    Answered . You need to consult with an estate attorney ASAP.

    973-984-0800. Please be advised my answers to questions does not constitute legal advise and you should not rely... more
  3. Ronald Glenn Lieberman


    Contributor Level 18

    Answered . There is only a limited time for the man's estate to assert a claim against the estate, so the estate representative needs to move quickly.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more

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