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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 |

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.

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Filed under: Divorce Divorce court
Attorney answers 3


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.

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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.


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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