How Do I Sell My Ex-Husband'a Property and Get Child Custody While He's in Jail?
Full Question:
Answer:
We suggest you inquire with the department of corrections as to their rules and regulations regarding mail to inmates and notaries. He will want to have a notary present when he signs the document. He may gift the house to you if it is authorized in the power of attorney, he is the sole owner, and a transfer is not prohibited by a due-on-sale clause of the lender. The gift must be made knowingly and off his own free will. There are certain acts that an agent may not take unless they are explicitly authorized in the POA. For example, the agent may not make gifts or make a loan to himself unless those powers are expressly stated in the DPOA. Fiduciaries, such as trustees, owe two main duties to their clients: a duty of loyalty and a duty of care. The duty of loyalty requires that fiduciaries act solely in the interest of their clients, rather than in their own interest. Thus fiduciaries must not derive any direct or indirect profit from their position, and must avoid potential conflicts of interest.
A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody and visitation may be modified if there is a significant change of circumstances. A significant change of circumstances may include, among others, a parent's incarceration.
