Legal Question in Family Law in Florida
legal clarification of term/situation in a divorce decree
As stated in decre'' Wife shall retain exclusive ownership of the real estate located at (address). Wife agrees and stipulates that she will provide via a Will that the said property, or the equity from any sale of said property, shall be divised to the Minor Children of the parties in equal shares, either directly or in trust for their benefit. This paragraph shall survive the remarriage of the Wife, and shall remain in effect until both children are emancipated.''
My question is, I sold this property when my son was 19 and my daughter was 17 + 4 months, and purchased a condo where there was less outside work involved. My daughter moved in with me and my son chose to live with his father for a short time, then moved back in with me. At this time, which is now 14 years later, do my children have any claim on the money from the sale of this property. I got remarried in 1996 and my daughter came to live with us in our new home. I sold the condo a year later. What exactly is the legal description of ''emancipated'' for the state of MA as stated in my decree? They feel that the property should have been divided three ways! Please help me. Thank you in advance.
2 Answers from Attorneys
Re: legal clarification of term/situation in a divorce decree
My guess is that you owe your children in equal shares the proceeds received from the sale of your former marital home. In most states a child has to either reach 18 or be determined by a court to have been emancipated prior to the 18 birthday. If your children were interested in pursuing the money, it would likely need to be in the Family Court where the divorce was finalized.
Re: legal clarification of term/situation in a divorce decree
It sounds like any proceeds you received when you sold the property should have been split equally between the 19 year old and the 17+4 month year old. If you had waited until the younger one was "emancipated" or turned 18 or graduated from high school, then neither one would have been entitled to anything.
Since this was 14 years ago, there could be a statute of limitations at work here. Are your kids threatening to sue? Did this happen in Florida or Massachusetts?
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