Father and Mother Divorce. Father is awarded house in divorce. Mother signs a special warranty deed at time of divorce. Father dies and leaves home to Son in Will. Mother claims ownership due to special warranty deed. Who has rights to the home?
We are not a law firm and cannot give legal advice about a specific situation. That said, it is unclear what claim mother would have on the home. Assuming that the special warranty deed that you referenced was a deed conveying the home from mother to father pursuant to the divorce decree, the home would have been father’s home from that point forward. That means that father was free to dispose of the home, including leaving it to someone else in his will.
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