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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?

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 [url=http://www.mortgagefit.com/refinance.html]refinance[/url]. 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.

sunnyca2009's picture
sunnyca2009 | Joined: August 4, 2009 07:15 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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hemsleysue's picture
hemsleysue | Joined: September 13, 2009 07:07 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

currently you are coowner of property & will continue to be owner until you sign a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url].

your worry will be balance mortgage amount. so think about it as well

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heiwoodco's picture
heiwoodco | Joined: October 2, 2009 06:19 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

could his sons from his first marriage receive any rights to the home they bough even tho they have a child

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi johnson!

Welcome to forums!

The sons from the previous marriage will also be considered as an heir to the property. As a result, they may claim shares from his property.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

if my ex dies and he has signed the quick claims deed to me in our divorce.Can they take my house to pay his other bills that our not in my name.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi zen!

Welcome to the forums!

If your ex has already signed over the property to you and you have notarized and recorded the deed, then you will be considered as the owner of the property. No one can take away that property from you.

Feel free to ask if you've further queries.

Sussane

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