Our expert says:
Family law expert
it all depends on the wording of the court order or Settlement Agreement, without sight thereof it is difficult to advise properly. Normally where parties were married in community of property the joint estate is divided and as such each party is entitled to 50% of the assets and liable for 50% of the debt, unless a Settlement Agreement states otherwise. One needs to establish whether the ex indeed received an undivided share in the property after divorce. Remember that the child also has a claim for maintenance against the estate. Best would be to see an attorney.
Family and Divorce Law Attorney
Abrahams and Gross Inc.
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