Legal Question in Wills and Trusts in Florida

what is my ownership in house

My husband and I bought a house jointly.Husband died, left me house in will.We were divorced before he died but will was not changed. what is my ownership in the house.


Asked on 2/20/04, 10:48 am

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: what is my ownership in house

One-half ownership with his heirs/beneficiaries owning the other one-half.

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Answered on 2/20/04, 1:19 pm

Re: what is my ownership in house

In Florida, after a divorce a Will is administered and construed as if the former spouse had died at the time of the divorce unless the divorce judgement expressly provides otherwise. Further, upon divorce property held as tenents jointly with rights of survivorship are considered to beheld jointly without such rights. Therefore, you would take nothing under the Will but you might still have a simple half interest in the house depending on how it is titled and what the terms of your divorce decree were. You may want to discuss this further with an attorney.

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Answered on 2/20/04, 11:06 am


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