Posted on: 12th Nov, 2008 10:25 pm
My brother in law who has no ties to the property that he has mortgaged off with my sister in law is claiming total control of a piece of property left in trust for his wife and her siblings. Should something happen to my sister in law, can he take the entire acreage away from the living siblings? It is stated in divorce decree that each child (4) will have an equal share of this property.
Hi noeuemura!
When your sister and brother in law have mortgaged the property, I guess, the property was transferred in their name. If this property transfer had taken place after the divorce decree, in that case, I don't think the divorce decree will be taken into consideration. The deed which transferred the property from you all to your sister and her husband will be taken into consideration.
In that case the other siblings won't have a right to the property. If your sister has included her husband's name in the property deed, then he will get the property after her death.
Thanks
When your sister and brother in law have mortgaged the property, I guess, the property was transferred in their name. If this property transfer had taken place after the divorce decree, in that case, I don't think the divorce decree will be taken into consideration. The deed which transferred the property from you all to your sister and her husband will be taken into consideration.
In that case the other siblings won't have a right to the property. If your sister has included her husband's name in the property deed, then he will get the property after her death.
Thanks