Legal Question in Family Law in Kentucky
Property not divided during divorce
My husband and I divorced in 2003 after 21 years of marriage. We divided property in a divorce agreement. We forgot about the grave plots we had purchased. He died in 2005 and I remembered the grave plots. His son from a previous relationship was executor to his will and stated he wanted to be buried in a national cemetary. He tried to sell the plots and the cemetary office said he couldn't because my name was on the deed. He told me I can't sell them because one of them belonged to my ex-husband. Do I have any right to these plots? What can I do with them? They were not listed in his will either.
1 Answer from Attorneys
Re: Property not divided during divorce
It depends on how the plots were titled. They may now be yours entirely. If you leave something out of a divorce, it just becomes co-owned property, as if you were never married, so real estate and probate law, not divorce law, now applies.
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