QUESTION
Does exwife have to sign off before house is sold?
Asked on Feb 07th, 2012 on Trusts and Estates - Texas
More details to this question:
They have been divorced for 35 years. The divorce papers state that if the house is sold, she is to get half of the proceeds. The will states that his estate is to be sold and split between the 2 daughters equally..it has been to probate. The executor has told me the exwife will get her 50% when the house is sold but she does not have to agree with the selling price or need to sign off on papers inorder for the house to be sold. The house was paid off in 2006. Is he correct?
1 ANSWER
Dear Jennifer,
The Executor is absolutely correct. To keep this simple, the divorce decree is a mixed bag of part court order and part contract. Violating a court order can lead to contempt of court which can cause an individual to incur fines and/or jail time. Contracts are considered binding and legal and trump anything written in a will. So the ex-wife does get her half of the proceeds but no say in the selling price and does not need to sign off on papers UNLESS the divorce decree says so. Make sure the divorce decree is reviewed. It's a public document unless sealed so you can pay a fee and get a copy yourself. Hope this helps.
Answered on Feb 08th, 2012 at 3:15 PM