Can I Inherit Property of a Former Spouse if the Deed is Improperly Completed During Divorce?
Full Question:
I filed a quit claim to my house when I divorced my ex-husband in 1998. Property is in New Hampshire. We were Joint tenants with right of survivorship. Apparently when the new deed was written it included the phrase 'joint tenant with right of survivorship' although it only has his name. He has now died and the lawyer for his estate is asking me to sign papers to correct the deed so that the property can be given to his son. Do I have any rights to any part of this property? (BTW, in case you should think I am money-hungry, ex disowned his daughter with me in his will.)
09/30/2009 |
Category: Real Property ยป Deeds |
State: Texas |
#18871
Answer:
If ordered to transfer the property as part of the divorce settlement and the property is not bequested to a former spouse in the will, it is unlikely that a court will grant a former spouse rights in property based solely upon a clerical error. Typically, when the contract includes a clerical error, the court may "reform" the contract to express the intent of the parties. Reformation requires "clear and convincing" evidence of the parties' true intentions. Such intentions may be garnered from all the circumstances involved, such as the terms of the divorce decree and the removal of your name n the new deed.
