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Deed transferred, Mortgage still in my name, co-died

Posted on: 26th Feb, 2012 03:01 pm
i filed a quit claim deed last year while my ex-husband was refinancing, problems arose and he never refinanced. he has now passed on. what rights do i have to sell the property since i have the mortgage, but no interest in the property.
he has other people living there currently. (room mates of his) i don't have a key to the property...can i get them out? what about the property in the home? we had 2 sons together, is it their property now?
his family is talking about coming and taking everything out of the house. do they have that right?
Hi chellb,

If your name is not mentioned on the property deed, then you won't have any rights over that property. Thus, you won't be able to sell off the property. Your sons can file an affidavit of heirship at the county recorder's office and get the property transferred in their names. Once the property is transferred to the sons, your husband's family won't be able to take anything out of the property.

Thanks
Posted on: 26th Feb, 2012 07:51 pm
Welcome chellb,

I agree with James. As you're not the owner of the property, you won't be able to sell it off. You don't have the right to transfer the property to anyone else. If you want to sell off the property, you will have to get the property transferred in your name.
Posted on: 29th Feb, 2012 08:47 pm
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