Legal Question in Family Law in Kentucky
my wife tried to commit suicide on 3 separate occasions.....the third attempt left her an invalid with brain damage....she has been in a nursing home for almost 2 years and is now being placed in hospice....I was under such duress at the time, I legally gave her mother guardianship......I am at a point in my life that I am ready to move on and I would like to know....1) we have a home in both our names....what happens if she passes away???? 2) can I go ahead and divorce her now? what happens with our home? how can I get her name off the deed??? what steps do I need to take to get a divorce?
1 Answer from Attorneys
1) What happens to the house depends on exactly how it's titled. If she dies and it's titled in both your names as tenants by the entirety, as many marital homes in KY are, then the home would automatically transfer to you;
2) You should be able to divorce her but may need to get a conservator or guardian appointed. What happens to the house in that situation depends on a lot of variables (too many to attempt to answer that question now).
You will likely need an attorney, or at least SHOULD hire an attorney to help you through this.
You are welcome to get in touch with my office located in Richmond. I hope this has helped.
Thank you,
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