Compare Mortgage Quotes

Guest

Is it considered separated property even when my name is on the mortgage but not on the deed? My husband and I lived with and took care of his mother until she passed away at that time he was handed a deed to the property that had be written prior to her passing. The property was deeded in his name only, it does mention spouse and children in the deed but not my name. We fell upon hard times when his business went under and mortgaged the house and the property to pay off debts. My name is on the mortgage and he has been turned down 4 time already to refinance, so we are going to court again to get this settled once and for all! I hope! He has been discussing this with his family, because he cannot get the house refinanced and possible might be forced to sell and they are telling him that I have no right what so ever to the property even though my name is on the mortgage loan. He says it is on the deed of trust at the bank but not the deed to the house and since he inherited it the property is separate property. Is this true? We have been divorced for 3 years now and I am stil trying to get this resolved! He refused to sell the house, but his sister is renting to own and I am not seeing a penny of that money, because he says it is his home not mine! Please tell me if I have any rights to that property.

sara · Posted: Thu Sep 17, 2009 2:09 am Post subject:

Hi psrenni,

If your name is on the property deed, then you would be considered as an owner of the property. If your name is on the mortgage but not on the property deed, you won't be considered as an owner of the property. I don't think you have rights to the property. Moreover, in most of the community property states, inherited property acquired after marriage is not considered as a community property.

Take care.

Company	Loan Type	APR	Est. Pmt.
				Go
				Go
				Go
				Go
				Go
				Go

Property State:
Property Type:
Credit Rating:

All times are GMT - 7 Hours

Page 1 of 1

Compare Mortgage Quotes

Separated Property or Not?