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My mom divorced a man 15 years ago He has passed away She is still on loan and DEED ,Finance company confirmed cn she take home

Pleasant Grove, UT |

He never took her off Deed or Loan It is the same as when they was married can she take back property since she is responsible or loan? and what if there is a tentant that was living there with No rental agreement?..... what does she do Then ? She wants to just sell home

Attorney Answers 3


Just because her name is on the mortgage does not mean the home is hers. If he was granted the home in the divorce then the home is his and it will be part of his estate. She cannot sell the home since she is not his heir.

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The divorce decree likely says that he is to take the home out of her name and to refinance the loan with just his name (so that she is not liable). Often, these fact situations come up when an ex-spouse fails to pay and the creditor starts trying to collect from the non-owner spouse. Typically, the best you can do is file a motion for an order to show cause. The resulting contempt order might resolve the issue.

If the other side will negotiate a resolution, that works as well. For example, if he no longer wants the home and is willing to deed it to her via quit-claim deed and she makes the payments the home would be hers (to sell, if she wished).

No written lease does not mean there is not a rental agreement. But, if the tenant is renting and has no agreement regarding the term of the lease it would be month to month. In Utah, a month-to-month tenant can be asked to leave with a 15-day notice. If she owns the home and wants to sell it the tenant is not a significant problem.

Providing this answer does not form an attorney-client relationship. Most legal questions are exceedingly fact-sensitive and therefore this answer is a best-guess based on the information you provide. You should consult an attorney licensed in your state to further discuss your matter.

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1 comment

Matthew G Koyle

Matthew G Koyle


If he is deceased, someone is going to have to probate his estate to clear up who inherits from him. Former wives do not inherit unless there is a will that says they do. If the divorce awarded him the home, my expectation is that it will belong to the individuals identified by a will or to the ex-husband's spouse, children, or other relatives.


I am not a UT attorney, laws vary from state to state, therefore you should always consult a local attorney.

A divorce may cancel the tenancy be entireties that married couples have - and would convert it into a tenancy in common. If you mother has an interest in the property, it is likely 50% and the other 50% would go to her ex-husband's heirs.

However, if the divorce decree awarded the property to the ex-husband, she may have no interest at all.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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