My father in law purchased plots for him and his wife. They divorced and he is deceased. Can she use the plot for her son?
2 attorney answers
If the divorce decree did not specify the plot, then if it was only in his name, it would belong to his estate and heirs. The decree probably says that any property not specifically identified will remain the separate property of the person in possession. If only his name is on the deed as owner of the plot, then it is his. If both their names were on it, then she has an interest in it as co-owner, and she should consult an attorney before using it.
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It depends on who owns the plot--what does the Divorce Decree say? If it belongs to her she can do whatever she wants with it. If it doesn't belong to her, then she doesn't have any right to do anything with it.