Legal Question in Wills and Trusts in Indiana

I am divorced and my husband was ordered to sell our home, this was in 2008 he still has not done so, now he has cancer, if he dies without fulfilling our divorce decree will the house and mortgage automatically come back to me since my name is still on the house and mortgage. Can he will his half of the house to anyone, if he does what will I have to do.


Asked on 9/09/10, 12:41 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

I assume that he was ordered to sell it and the proceeds would be split, meaning that the house is not his under the decree. If that is true, then he can give a 1/2 interest in the house to another person under a will. You only get his 50% interest if he gives it to you.

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Answered on 9/14/10, 12:58 pm


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