Legal Question in Family Law in Connecticut
Under the terms of my friend's divorce decree, the proceeds of the sale of the house were to be split 2/3 to her, 1/3 to the husband. The wife had moved out of the house prior to the divorce. The husband was in fragile health and was still living there. There was also a daughter living in the in-law apartment. The court ordered the ownership of the house transferred to the wife solely even though the husband was still in possession of the premises. The deed was prepared, and the land records show the wife as sole owner. The husband died 2 months after the divorce, at which time the wife moved back into the house. Before the divorce became final, real estate agents were handling the sale of the house. The daughter, who lives in the in-law apartment, was ordered to cooperate in the sale of the house by allowing parties to see the apartment. She didn't comply. She has refused to let anyone, including the real estate agents, into the apartment, and, consequently, several potential buyers walked away. Under the husband's will, this daughter stands to inherit his 1/3 interest in the house? As the beneficiary and executor of his will, can she be held in contempt because of her failure to comply with the one of the judge's orders? It doesn't seem fair that she can hold up the sale of the house and then ultimately collect the 1/3 interest at some future time after more time and effort is expended to find another buyer.
2 Answers from Attorneys
It's not clear to me why the wife was awarded the entire house if the decree said she was to receive two thirds. It's also not clear to me who ordered the daughter to cooperate- the family law judge in the divorce case or the probate judge in the probate case.
Nevetheless, if she is the executor of the will and she is not complying with court orders (from whichever court) then the wife could ask the probate judge to remove her as executor. The new executor could then evict her. The alternative is to have a judge hold her in contempt and force her to cooperate.
Additional information would be needed to give a specific answer to the situation you describe. For instance, is there a court order (either divorce court or probate) that the house be sold? Does the the husband's will give the daughter any rights to remain in the house? If not, is the daughter paying fair market value rent? Does the wife has sole ownership, as you seem to suggest? Does the daughter have a written lease for the in-law apartment?
Despite these questions, I can say the following, speaking generally.
A sole owner of a property has the right to bring an eviction action against a tenant.
Any interested party, including any beneficiary, has the right to petition the probate cour to change executors if the estate is not being handled properly.
It may be possible to make an executor a party to a divorce action so as to enforce divorce orders against the estate.
It would be unfortunate for your friend to miss the Spring selling season for real estate. Your friend should seek the advice of an attorney. She may have several options. An attorney, after getting more information, would be able to advise her as to the best way to proceed. She may call us at 860.236.9350 if she would like further information.
Disclaimer: Please note my response does not create an attorney-client relationship between us. My response is meant to be general legal information. For specific advice for your situation, please schedule an appointment with our office or with another attorney.
Feedback: Your feedback is important to me. Kindly indicate by clicking the thumbs up icon if my response is helpful to you. If my response is the most helpful, please click �Best Answer.�
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
