Marriage in Real Estate Law
Realtors! Keep in mind, separated is not divorced. You're either married in the real estate world, or you’re not. If you're a person that owns real estate and you're worried about how you own it with the other person…Are you married or are you not? That's going to solve 99% of the questions there. Separated is not divorced. If you have clients that are separating, find out when they're divorcing and let your attorney know.
Here’s a special marriage scenario: If my spouse sells property and she doesn't have me sign that deed releasing my marital interest and then dies, and I go into claim an elective share and convince the judge that I should have a life estate in that marital home and they agree to it- The person who owns it, bought it, subject to my marital interest, and would have to move out and let me live there for the rest of my life.
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