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My husband and exwife are on the property deed. Do I have any rights as his current wife to the house?

The Colony, TX |

He was awarded the house in the divorce. It says in the divorce papers that he has all ownership to the house. The loan is in her name with the VA. She will not sign the papers to have her name taken off the deed. What happens if he dies? Does she have the right to take over the house and force me to leave? Do I have any rights to the house if he dies? If he states he wants me to have the house upon death in a will?

Attorney Answers 3

Posted

There are lots of issues here.

No one can force her to refinance unless the mortgage company agrees.

You probably have no right to the house except a possible reimbursement claim for community funds spent on it during your marriage.

She has no title to the house, just the duty to make sure payments are made.

He needs a will in any case, and may choose to leave you the house in his will. The mortgage might still be in Ex's name. You would probably have a homestead right too.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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Posted

You would be well advised to consult with a lawyer now to get this situation straightened out. Lots of issues here. Who is making the mortgage payments? Does the agreement or decree that gives him ownership require him to refinance?

This answer is for information purposes only, and does not establish and attorney client relationship. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get location specific answers about the law.

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2 comments

Asker

Posted

We as husband and wife are making the payments. He was not required to refinance. The divorce states that "the husband is awarded the following as his sole and separate property, and the wife (ex) is divested of all right, title, interest, and claim in and to that property. This decree shall serve as a muniment of title to transfer ownership of all property awarded to any party in this final decree of divorce. She was supposed to supply him with a "special warranty deed" but is refusing to do that now. I guess I just want to know my rights to the house if my husband died. As long as I made the payments and he awarded the house to me in his will not sure if she could take over the house from me. And do you have to have a lawyer to take her to court for the judge to enforce the divorce decree? She was also supposed to sign over a car title to him as well.

James Robert Faucher

James Robert Faucher

Posted

My recommendation is that you get a lawyer to advise you now.

Posted

As already stated, there are a lot of issues here. You are in a very vulnerable position as to ownership and as to being dragged in to unwanted litigation in the future. These problems will probably not soften with age. Get an attorney and deal with it soon.

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