Legal Question in Family Law in Tennessee
Divorce Decree
My mother was divorced in 1998. The divorce decree states that my father shall assume the indebtedness owed on said real property. He then agrees to execute a Last will and testament leaving the real estate to the children outright. My mother forfeight her portion of the home to leave it to the kids when my father died. Now he is remarried, just put her name on the house, and is going to sell the property. Is there anything legal we can do to either stop the sell of the home, or can my mother sue my father for not standing by what the divorce decree states?
1 Answer from Attorneys
Re: Divorce Decree
Wow, nice guy! This is a tough one. As a third party beneficiary of the MDA, you might have the right to intervene. Your mother certainly does. But there are so many questions, that you have not answered. Think about how strange the agreement is. He has to live in the house or maintain the mtg until he dies, even if he moves, gets remarried, etc? There has to be more to the agreement that you have not mentioned or do not know. Please hire a family law attorney familiar with real estate transactions to discusss setting the quitclaim deed (to the new wife) aside and seeing what can be done to enforce the agreement.
Best of luck.
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