Every since the divorce, my ex-husband has question me about my house. The divorce decree states: "As and for equitable distribution, the wife shall be entitle to the sole use, ownership and possession of the parties' martial home, FREE form any interference from the Husband, now or in the future." However if I should expire before he does he get the house. I tried to do a Life Enhancement Deed, with my friend, so she would be able to sell it and pay for my funeral (since his now wife is the beneficiary of my life insurance policy, then my friend was to give him the remainder of the money. He was very upset when he found out. A year later, after having question me to make sure that I had changed it back, he calls my friend to make sure that I did. I am terrified as to what he or his wife might do to make sure he gets the house.
Based on the facts you have provided, your divorce decree prohibits you from selling or bequeathing the home to anyone prior to the death of your ex husband. You state that your order provides that the ex "gets the house" if he is still living at the time of your death. It does not state that your ex will get "proceeds from the sale of the house," or "the balance of the proceeds less funeral expenses." Therefore, changing the deed to modify/terminate your exes property rights would be a violation of the court-ordered property settlement.
I recommend that you consult with a local attorney to discuss your rights as set forth in your divorce decree (be sure to bring a copy of the decree). Upon review of your decree in its entirety, an attorney will be able to explain your rights, responsibilities, and any restrictions relating to the property.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline