scooterbum

Members
  • Content count

    3
  • Joined

  • Last visited

  1. We'll use fake names: Bob owned real estate. Before he married Cheryl, Bob asked Cheryl to sign a prenuptial agreement relinquishing any right to it. Bob and Cheryl married in 1984. Bob and Cheryl did not live in that property because Bob had sold it and carried a note receivable. Bob and Cheryl comingled the income from that note receivable. In 1997, Bob repossessed the property, and Bob and Cheryl decided to gut the house, rebuild it, and move into it. In 1999, Bob filed a gift deed with the county nullifying the prenuptial agreement. Bob and Cheryl took out a home equity loan in both their names, and began receiving the county real estate tax bills in both their names. In 2002, they paid off the mortgage and it was lien free. In 2012, Bob and Cheryl decided to divorce. Both Bob and Cheryl signed the divorce decree stating that they would both continue to own the property, that Cheryl would continue to live in the property since Bob was moving to another state. After 29 years of marriage, Cheryl did not want to be homeless. Further in the divorce decree, both Bob and Cheryl agreed that should either of them remarry, they would have a prospective spouse sign a prenuptial agreement that they had no rights to the property Bob and Cheryl own. Cheryl has remarried, and Kevin moved into the house with Cheryl after he signed the prenup. Four years later, Bob still lives in another state, has not paid for any of the improvements or real estate taxes on the property that he co-owns with Cheryl. Bob is currently unemployed and has asked Cheryl to buy him out. Is Cheryl legally required to do this?
  2. According to my understanding most states recognize "Common Law Marriages" whereas you both have introduced each other as your spouse to others and have lived as a married couple for a period of two years or more, YOU ARE MARRIED! And as such would need a divorce decree issued by the appropriate Court to dissolve the marriage. You should check with the County Clerk's Office in the county of your residence. Hope this was helpful.
  3. Spouse and now ex-husband share ownership of the house per the divorce decree, and I had to sign a prenup relinquishing any and all future interest in the real estate. They divorced in 2013 and she has been living in the house. It is mortgage-free. Her ex-husband is now demanding she buy him out. They both signed a divorce decree stating that they would share ownership, and in the event of one of their deaths the other would gain sole ownership of the house. Is she legally required or bound by law to buy him out?