Legal Question in Real Estate Law in Indiana

Re: Wondering about who owns property

If you die, he is still only entitled to the share of the property according to the divorce decree. If the decree does not state a time for the sale to occur to get him paid his 1/2, then he has to wait until you decide to sell. if you happen to die before that occurs, then, the personal representative of your estate succeeds to your title and would sell the property and pay your former spouse his share and keep the rest of the money for your heirs or devisees. None of your share would go to your former spouse in the event of your death. If he is telling you otherwise it is because (1)he doesn't know (2) he's trying to compel you to sell without any legal right to force you to sell or (3) he's still trying to upset you although you are divorced.

If your decree does not specify the time you have to sell and pay him, then there is nothing he can do. So long as the decree says that you are entitled to all right title and interest in the property and that you only have to pay him at the time of sale, he cannot even force a sale by filing suit for partition. This is the case whether he has signed a deed over to you or not.

Your former spouse is out of luck at this time.