tag:blogger.com,1999:blog-13886780.post-29565542247013739772008-05-18T21:52:00.002-04:002008-05-18T21:54:41.576-04:00Divorce questionSince apparently this is a "legal advice needed" blog now. <br /><br />My uncle is going to get divorced... eventually. I didn't even know he was married! Apparently they *did* get married in 1990 (they lived together forever before that). <br /><br />The only thing he owns is a few acres (15, maybe?) of undeveloped land with no house on it. He loves it, and wants to live there forever. His problem right now is with property taxes. He can't afford them, he's losing his homestead exemption because there is no house on it. <br /><br />He lives on social security of $750/month, and every five years he gets a $15,000 disability settlement from the company he worked for when he fell through the roof and ripped his arm off. That continues until he is 65 (he is currently 59) and then he gets nothing but SS. <br /><br />He owns the property outright, in his name only. He bought it after they got married (they were married nine years when he bought it). <br /><br />What he wanted to do was just quick claim it to my dad, and have my dad pay the property taxes (which he would absolutely do, with no complaints... it would only be a few grand a year). However, the marriage thing comes into play then. He talked to his soon to be ex, and she agreed that if he put her daughter's name on the deed, she would not fight him in the divorce. Her daughter is *probably* his daughter biologically, and IS his daughter in the ways that matter. The property would go to her upon his death anyway. His deal with her was going to be that her family lives on the property, with him, and they pay all the taxes. In return, it's hers upon his death. <br />The problem with that is a) it's only Candy's word that he has to fall back on, and b) he has to share his property (he likes/needs his solitude). And c... which just came to me... what happens if his daughter gets divorced (she got married the day after her 18th birthday, when she was 6 months pregnant, soo.... it's not unlikely. Though they have been together 7 years now, so, maybe...). If K gets divorced, is HER husband now entitled to this property?<br /><br />Does anyone know what legal claim she would have to this property? And can he dispose of it without her consent while they are married? This is in Florida, which is not a community property state, and the land is in his name only. <br /><br />Also, can she lay claim to any of his disability payments? My father is working on getting him veteran's disability for PTSD from Vietnam (he is seriously messed up from this... he has just quit drinking and quit doing drugs for the first time in 30 years... it was a good thind to quit, but now there is nothing drowning out the memories, including of shooting his friend in the head) which would amount to about a grand a month. I just don't know if she can get that... and does it matter if it starts before or after the divorce? He is seriously damaged... there is a reason there is no house on the property.... he lives in a tree. Yes, a tree. It would be humorous if it wasn't so depressing. <br /><br />I'm trying to figure out what he can do to keep his property and still get divorced. She's been gone now about 2 years. They were married in 1990 and he bought the property in 1999. <br /><br />Anyone know anything?Estellehttp://www.blogger.com/profile/12133147419963948340noreply@blogger.com