Legal Question in Family Law in Mississippi
Is it half hers?
We live in Mississippi!
My new husband and his ex-wife have been divorced for about 3 years. In the divorce, she gave up the home and property and opted only to take her personal belongings and one of the vehicles. She has since re-married and is now separated.
She took it upon herself to pay our property taxes last year and this year. (??????) She then proceeded to call us and ask for her money back. When we gave the money back to her this year, we asked her not to do that again. She then told us that the property was half hers.
Is this true? Can she still lay a claim to the property if she gave it up in the divorce, has been out of it for 3 years and re-married?
We are looking relocate but now have doubts if we can sell because of her accusations. Can someone please help?
2 Answers from Attorneys
Re: Is it half hers?
No. If you didn't finalize the paperwork at the time of the divorce, you may have to go to the court and get her property rights "terminated" so to speak, but to answer your question...No she has no right to the property if she gave it up in the divorce.
Re: Is it half hers?
Take your divorce decree to an attorney. If the former wife was an owner of the property with your husband but never conveyed her interest in the property to your husband, he will still need her quitclaim deed. If the former wife is unwilling to convey her property interest according to the divorce decree she may be compelled by the court to do so. If the court is still unsuccessful in ordering her to comply, it can order the clerk of the court to convey the property to your husband for the former wife.