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If my name is still on the title and deed after a divorce would I recieve the house if he dies?

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Icon Mini Profile heiwoodco





Joined: 02 Oct 2009

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Post Posted: Fri Oct 02, 2009 6:23 am    Post subject: If my name is still on the title and deed after a divorce wo
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I would like to know if my name is still on the title and deed of trust if my ex-husband dies will the house be mine? He has two children one is over the age of 21 and this was from his previous marriage, we had a child together which is now 7. He has a live in girl friend that has 4 children and has drained him financial and he is not able to refinance. So if he is not able to refinance and my name stays on the title and deed if he dies will I inherit the property? Oh by the way this is in the state of Mississippi. We were divorced and I never signed a quick claim deed after the divorce. in the divorce he kept the house but I was never required to sign a quick claim deed taking my name off the title and deed.
Icon Mini Profile sunnyca2009





Joined: 04 Aug 2009

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Post Posted: Fri Oct 02, 2009 8:18 pm    Post subject:
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That woudl depnd on the final will he leaves

But if you name is on the property then you ahve soem wonership of the property
Icon Mini Profile jameshogg
jameshogg




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Post Posted: Fri Oct 02, 2009 9:59 pm    Post subject:
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Hi heiwoodco,

If your name is mentioned in the property deed, then you will be considered as one of the owners of the property. If there are no other heirs to the property, then you can inherit the property by filing an affidavit of heirship. However, if their are other heirs, then they will also have their rights to your ex-husband's property.

Thanks
Icon Mini Profile hemsleysue





Joined: 13 Sep 2009

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Post Posted: Fri Oct 02, 2009 11:20 pm    Post subject:
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currently you are coowner of property & will continue to be owner until you sign a quit claim deed.

your worry will be balance mortgage amount. so think about it as well
Icon Mini Profile heiwoodco





Joined: 02 Oct 2009

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Post Posted: Sun Oct 04, 2009 12:08 pm    Post subject:
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Thank you! I just want to make sure that in that event that I can sell the house legally and make sure that my daughter gets her rightful share.
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Sun Oct 04, 2009 9:45 pm    Post subject:
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Hi heiwoodco!

Welcome back to forums!

If your name is mentioned in the property deed as a co-owner of the property, then you can claim your share of the property when it is sold off. Or else, you can transfer your share of the property to your daughter and she would become the owner of the property.

Feel free to ask if you've further queries.

Sussane
fran moyer

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Post Posted: Thu Aug 18, 2011 9:54 am    Post subject: deeds to property after divorce and death of ex-spouse
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My name is on the deeds to property in which my ex-husband owned and he put my name on the deed after we were married. We are divorced now, he has no blood related children, but has a brother. Is part of the land still mine or does the brother have ownership? the brothers name isn't on the deed. Thank you for your assistance
Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

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Location: Nevada
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Post Posted: Thu Aug 18, 2011 9:43 pm    Post subject:
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Hi fran,

As the brother's name is not mentioned on the property deed, then the brother won't be able to claim any ownership rights on that property. You may be able to claim ownership on that property as your name is mentioned on the deed.

Thanks
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