My x-husband died and we purchase a house, can his children claim anything from the house?
we got married and then divorce he lived in our house for 5years then he moved out, I'v been living is this house for 18 years and he lived 5 what do i do and how can i gey his name off the house
2 attorney answers
Although it is not completely clear from your post, it seems that your home was held in community with you and your former husband. This is if, of course, you and your ex-husband did not have a property settlement when you divorced. If you bought the home together--while married, and have never settled your community property, then the home would be community in nature. If the home is community property, then your ex-husband's children may have an interest in the property. This information is very general in nature, and there are several questions that a lawyer would ask you in assessing the nature of your home (separate or community property).
This information is only my opinion, and is being provided for informational and educational purposes only. I urge you to seek counsel. No attorney-client relationship exists between us.
Your facts are very limited. You mention that his name is “still on the house,” my guess is that this means the house was purchased during the marriage (meaning it is probably community property) and that a community property settlement was never made between you and your ex-husband. From the limited facts, it appears that he owned a ½ interest in the house at his death. You would have to address this with his succession representative or his heirs to transfer any interest he may have had in the home. But, if you paid the mortgage loan balance after the divorce - you should be able to assert a reimbursement claim for the principal paid on the loan balance. This is a complex situation involving immovable property. You should consult with a lawyer.
Mark R. Callender is licensed to practice law in the state of Louisiana only. He responds to these questions as an educational service to provide general information about the area of the law raised by the question; and his response does not create an attorney-client relation and is not intended to offer specific legal advice. For specific advice regarding your personal situation, you must personally consult with an attorney.
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