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

Mount Laurel, NJ |
Filed under: Divorce court

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

Posted

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-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.

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2 lawyers agree

Posted

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 on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.

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Posted

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.

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