Posted by JT-IN on August 05, 2007 at 15:39:45:
And eventually she would prevail for conveyance, if she is diligent enough. In this case it sounds like the x-wife is about to throw in the towel and abandon the property, if I read the post correctly. Often times emotions being what they are, hard headed x-spouses can defy the decree and somehow prevail by refusing to comply. The other spouse, (usually the x-wife, for some reason), ends up doing whatever they have to do to be done with the lunacy, and sometimes that means abandoning their legal rights, just to concede the situation and be done with the X. Is there such a thing as “conceding victory…?” That is almost what it seems like in these cases…
The divorce decrees and property settlements leave a lot to be desired for those mired in this madness… They are usually lose-lose battles, at best, and maybe that is why I seem not to deal with many of them. I just can’t stand to see folks slug it out to the death of both.
So we are in agreement for the most part here… the decree alone doesn’t fix things, and in due time the recipient of title by decree, will prevail if they have enough fortitude (and money to feed the kids in the mean time). Or if there is enough equity, a white knight investor could run interference and fund whatever legal costs to force compliance, as long as they are post decree. I have learned not to get involved in these situations while a marriage is still in the termination stages. In OH no such thing of partitioning property held in survivorship… one small death while enroute to the final decree can ruin the best laid plans… as the property will revert in whole to the survivor, regardless of what has been agreed to by any party. So I pass on those.