Legal Question in Family Law in Kentucky
My parents have decided to get a divorce. On behalf of my father and I am trying to gather information for him. My mother is insisting of putting their house up for sale and has already hired a realitor, all that is left is for my father to sign the papers allowing the realitor to show the house. The deed to the house is in my father's name only. He really wants to contact an attorney first to find out if he should sing them now or after the divorce is in process. As of right now there has been no divorce papers filed. Does it matter if he agrees to put the house up for sale now or should he wait until the divorce is in process?
Also, they own a houseboat that is also only in my father's name. The boat was purchased after their marriage. Does that mean that this is his property only or does she have rights to it also.??
1 Answer from Attorneys
He can sell the house before the divorce is filed, however, I would at least have something in writing as concerns how the proceeds are to be divided and I would check the realtor contract carefully to see the terms of sale (how much list for, both parties have to agree to sign off on sale price, etc.). Since the home is in his name, any payment should be made payable only to him and there should not be an issue with his wife taking all the proceeds. To be safe, i would file a divorce petition and get an order of the court as concerns how the proceeds are to be divided before the closing occurs.
As for the boat, if it was purchased during the marriage there is a presumption it is marital property unless purchased with funds from before the marriage or a gift or inheritance.
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