So my current wife and my ex-wife own my home- at the same time?

To settle their divorce, Mark and Brenda agree that eventually their home will be put up for sale with the equity equally split, however, Brenda and the kids can stay in the marital home until the youngest child graduates from high school. Their agreement states that Brenda has the option to purchase Mark’s equity in the home, and she understands that her attempt to purchase Mark’s equity cannot delay the sale of the home. A few years later, Mark meets and marries Grace. After eighteen months of blissful marriage, Mark suddenly passes away intestate (or without a will). As his spouse, Grace inherits a portion of Mark’s estate while Mark’s children with Brenda inherit the rest. At the time of Mark’s death, he owes a significant amount of debt. Grace would like to sell Mark and Brenda’s home and use Mark’s equity to pay off that debt, but, according to the marital settlement agreement, Brenda can live there for at least two more years because Mark and Brenda’s youngest child is a sophomore in high school. Grace, as Mark’s personal representative, sues to force Brenda to sell the house or buy out Mark’s interest in the house.

The Second District Court of Appeals heard a similar case and after three (3) years of litigation in both the probate and family courts, found (1) that upon divorce the Husband did not lose his ownership interest in the home, but rather his interest in the marital home had converted to “tenants in common”, (2) that the home could not be sold to pay creditors because the home was constitutionally protected by the Homestead Exemption of the Constitution of the State of Florida, and (3) that upon the Husband’s death, the Former Wife and the New Wife share ownership of the house (Friscia v. Friscia, Fla. App., 2014).
This situation may have been avoided if the Husband had executed a valid will or if the marital settlement agreement had waived homestead rights, not just to the property belonging to the Wife (as is standard), but all property contemplated in the dissolution of marriage.

If you have been divorced, are married to someone who was previously married, or have not executed your end of life documents, contact an attorney who focuses on family law, as well as, wills, trusts, and estates to ensure that you (and your heirs) interest’s are protected.

Comments are closed.