transfer of land after divorce - Posted by Eben

Posted by John Merchant on January 29, 2003 at 19:50:48:

You better bank on whatever you’re going to get out of the Euro property coming from the USA court in your divorce action…who knows what a Portuguese court would say?

So don’t agree on anything without including ALL the RE, whereever it is…and if anybody ever needed a good divorce lawyer, sounds like YOU do. Here, not in Europe!

transfer of land after divorce - Posted by Eben

Posted by Eben on December 27, 2002 at 15:12:31:

My brother and I inherited a tract of land that was placed jointly in my and his name.

He divorced and someway during the divorce, without my knowledge, he placed his two children on the deed also as owners. This is in South Carolina. He claims this was a settlement made during a divorce decree.

Since that time any transaction (the sale of timber, Hunting leases etc.)that we make, I am told I have to get his children to sign! Is this legal. Can anyone add the other names to a deed without all owners agreeing.

Any advice would be appreciated. Thanks

Ah! Wonderful Partnerships - Posted by John Merchant

Posted by John Merchant on December 27, 2002 at 15:58:39:

In short-Yup! And you have no right to tell them what they can or can’t do with their interests.

So unless you sell your interest to them, or buy theirs, this is just something you’ll have to live with. so long as it’s p’ship owned.

Some properties lend themselves to division and this is something you might consider. Whereby you’d get one piece and they’d get another. And this can be done by court action if no mutually acceptable agreement is possible. So consider how you’d like them as your neighbors…I’ve been in partnerships that, bad as they were, were preferable to creation of a lousy neighbor, which would have happened if the property had been partitioned.

Another possible idea for you is to talk them into helping you set up a corp, and then all owners deed their interests into the corp. Then the centralized managment of the corp takes over and all parties KNOW when a portion is deeded, because then it’s only done by corp. action after vote of shareholders, etc.

Maybe you could worry them by telling them how exposed you ALL are so long as it’s in your individual names, and how a corp would give you insulation against liability actions, etc. This would be nothing but the truth!

Re: Ah! Wonderful Partnerships - Posted by judy fernandes

Posted by judy fernandes on January 29, 2003 at 19:24:17:

I was married for 14 yrs and I would like to know if anything can be done. I have a property in Portugal and my ex-husband does not want to pay me for my half. I will not sign the divorce without him paying me for what is rightfully mine and a matramonial property… Also now he has gone on to build a home on it. Should I go for the whole property value please help me with some info. The home is not finished and I do not have funds to go to europe or I have no interest to go there to live. I have 3 kids with myself and I feel he will not leave them anything. I think his girlfriend may want the cash value and take everything from my children.