and there is no will, how does the property transfer?
2007-10-19 02:48:33 · 11 answers · asked by sklemetti 3 in Family & Relationships ➔ Marriage & Divorce
It depends what phase the divorce was in. This is a question you'd better ask an attorney.
2007-10-19 02:51:51 · answer #1 · answered by ZCT 7 · 0⤊ 0⤋
If the person who dies has any beneficiaries listed on anything, that will go to the beneficiaries. Anything that does not have a beneficiary listed will go to their spouse (divorce is not final, so it is still their spouse). Unless however, the spouse is not listed on the property- for example lets say that the spouse who has dies has property in his/her name with a parent as a cosigner or something- their parent will get it.
2007-10-19 02:53:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The spouse gets the property if the divorce isn't final.
2007-10-19 02:52:02 · answer #3 · answered by daljack -a girl 7 · 0⤊ 0⤋
As if they were married (because they are).
Since there is no will, the property tranfers by the rules of intestacy.
In general, half of the estate to the surviving spouse, remainder goes per stirpes (in equal shares) to the children. If no children, spouse gets the whole bowl of wax. All of this is done in probate (administration, which is an involved legal proceeding).
Non-estate assets (i.e. life insurance, joint tenancy properties) transfer to the stated beneficiaries or surving joint tenant with right of survivorship outside of probate.
2007-10-19 02:53:58 · answer #4 · answered by dpilipis 4 · 0⤊ 0⤋
The divorce isn't final so it should go to the spouse I think unless there was a will that was written.
2007-10-19 03:16:17 · answer #5 · answered by level_9yo 2 · 0⤊ 0⤋
It goes to their spouse, unless the deceased has stiuplated different in their will. Being "in the process" is not a final decree of divorce, they are STILL married when they die
2007-10-19 12:15:32 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If the divorce isn't final, they are still married, and property transfers as if they were.
2007-10-19 02:51:17 · answer #7 · answered by merrybodner 6 · 3⤊ 0⤋
Wow what are the odds of that happening? ? ? But I'm not 100% sure, but if its not final then techniqly your still married so it will all go to you. But again I'm not fully sure thats it. The only other way I could see it is what ever was the spose that past there half may go to his/her family. But I'm not sure how that works. I'm sure that whole process is going to be long and frustrationg thought if that is your situation. I am terribly sorry and wish you luck.
2007-10-19 02:57:13 · answer #8 · answered by saenz1705 2 · 0⤊ 0⤋
The initiating spouse gets it all, minus lawyer fees for the upcoming murder trial.
2007-10-19 03:00:18 · answer #9 · answered by Phoenix Quill 7 · 0⤊ 0⤋
i'm not sure from state-to-state, but if you're not divorced yet, i'd guess their property goes to you and whatever children remain.
talk to an attorney
2007-10-19 03:00:00 · answer #10 · answered by letterstoheather 7 · 0⤊ 0⤋