Legal Question in Family Law in Georgia
My husband have been married 58 1/2 years. I learned 5 years ago that he has a 20 year old mixed daughter. everything we own including my house is in my name. She drew a check from his ss for 18 years. if he should pass away, what is the danger of her trying to get a childs part of what I and my four children own? should we get a divorce?
2 Answers from Attorneys
Only you can decide if you want to punish your husband for something that happened 20 years ago that you let alone for five years and get a divorce. A divorce does not remove a child as an heir. Who inherits his estate depends on his will, not on your wishes, and a wife does better than an exwife, as they also can claims years support. If he has no will, the child will inherit part of his estate.
If the house is titled in your name, it would be your separate property as he is not on the title. If you have joint bank accounts that is the same as well. Keep in mind, if you get a divorce, just because something is titled in your name does not mean it isn't considered marital property. You may risk more by a divorce than anything his daughter may be entitled to. 58-1/2 years is a long time to be considering a divorce.
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