I am a widow. My late husband was married prior and divorced (1998). During their marriage a family crypt was passed on to the both of them and placed in both of their names. However, this item was apparently overlooked during the divorce settlement by both parties involved. They both provided a Financial Affidavit and agreed to the statement "Because we have voluntarily made full and fair disclosure to each other of all our assets and debts, we waive any further disclosure under rule 12.285, Florida Family Law Rules of Procedures." Also, under Division of Assets states " We divide our assets (everything we own) as follows: Any personal item(s) not listed below are the property of the party currently in possession of the item(s).
What I am in possession of is a Certificate of Interment Rights which I am understanding is what was used as a "deed" by the staff at the cemetery. My late husband was cremated and I have no use for this item. I would like to try to sell it. Considering the terminology used in their divorce agreement do I need the ex wife to sign a quit claim deed or is it solely mine now?
1 Answer from Attorneys
I believe the rights were between the ex-husband and ex-wife. I do not believe they are transferrable now to the new wife. You do have the deed in your possession but I would assume there is a clause in the deed that the right of survivorship belongs to the survivor. You may need to have an attorney read over the deed to see.