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Can my husband's divorce agreement affect my rights as his spouse?

Can my husband's divorce agreement affect my rights as his spouse?

Q: What happens to property if one spouse dies without a will?

If one spouse dies without a will, the property is distributed according to state intestacy laws. Generally, the surviving spouse inherits a significant portion, but this can vary by state. It's important to have a will to ensure your wishes are followed.

Q: What is joint tenancy with right of survivorship?

Joint tenancy with right of survivorship is a form of property ownership where two or more people hold title together. When one owner dies, their share automatically passes to the surviving owner(s), avoiding probate. This can simplify the transfer of property.

Q: Can a divorce agreement be modified?

A divorce agreement can be modified if both parties agree and if the court finds a material change in circumstances. Check if the original agreement includes a clause about modifications. If so, you may proceed with the modification process.

Q: What is a marital dissolution agreement?

A marital dissolution agreement is a legal document that outlines the terms of a divorce, including asset division, alimony, and other obligations. It is binding and can be enforced in court, ensuring both parties adhere to the agreed terms.

Full question:

My husband was divorced from his first wife back on January 7th 1999. According to provision number 14, “The husband does hereby covenant with the wife that he shall at all times maintain her as the executrix on any of his Last Will and Testaments. The husband shall provide the wife with a copy of his Last Will and Testament at all times and should he fail to comply with this provision of the Marital Dissolution Agreement, the wife shall have the right to enforce this provision in the Probate Court or any Court that is in charge of probating the husband's Last Will and Testament and that his estate shall be bound by this agreement to provide that the wife shall be executrix of his estate.” When my husband agreed to this he had no intentions of remarrying nor having any more children aside from the 3 he shared with her. Well, in January of 2004 we were married. In May of 2006, we adopted a daughter. My name is not on the deed to our home. I am listed on some of the vehicles we own, and I am on bank accounts. How does this affect me, and is it possible to get this amended due to a change in circumstances?

Category: Wills and Estates
Date: 04/07/2025
State: Tennessee

Answer:

The agreement you mentioned does not prevent your husband from changing his will to include you as a beneficiary. You and your husband might want to consider putting your property in joint tenancy with full rights of survivorship. This way, if one of you passes away, the other automatically inherits the property without needing to go through a will.

Regarding amending the marital dissolution agreement, check if your husband and his ex-wife made the provisions non-modifiable or if they can be modified under certain circumstances. To modify the agreement, the court will require evidence of a material change in circumstances.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can my husband change his will after our marriage?

Yes, your husband can change his will after your marriage. The provision in his divorce agreement does not prevent him from including you as a beneficiary. It’s advisable for him to update his will to reflect your marriage and any joint assets you may have.