Hopkinsville, KY · Member since 2012 · 6 posts · 0 votes
My ex husband died last year and my name is still on the deed to the property we shared. THe divorce says he gets the property but nothing else was ever signed on the property. We have a living son and no one else. His mother is trying to get me off the deed. Can she actually do this and be successful.
The divorce decree actually says the property is his, right? So, the two of you should have done a new deed as part of the divorce. Typically that would have said "He and she, grantor" and "He, grantee". That would have given ownership solely to him.
In most cases, the default handling of an estate is that it goes to the spouse and children. If there's a will, the will would override the default handling. If your husband didn't remarry, the property should have gone to your son.
Who is "his mother"? You should have been off the deed after the divorce was final. I'm not sure why you're concerned at this point. Yes, based on what you wrote, your name can legitimately be removed from the deed, as it should have been done some time in the past. If you believe you are being treated unfairly by this action, you will need to consult with a lawyer who can review the situation with you and give you an assessment of you situation.
The divorce decree actually says the property is his, right? So, the two of you should have done a new deed as part of the divorce. Typically that would have said "He and she, grantor" and "He, grantee". That would have given ownership solely to him.
In most cases, the default handling of an estate is that it goes to the spouse and children. If there's a will, the will would override the default handling. If your husband didn't remarry, the property should have gone to your son.
Who is "his mother"? You should have been off the deed after the divorce was final. I'm not sure why you're concerned at this point. Yes, based on what you wrote, your name can legitimately be removed from the deed, as it should have been done some time in the past. If you believe you are being treated unfairly by this action, you will need to consult with a lawyer who can review the situation with you and give you an assessment of you situation.
The divorce was done 10 years ago. I was 20 years old at the time. I am the one that told the divorce lawyer that the property goes to David. i have talked to the mortgage people and they told me my name is the only one on the deed. They said when it gets paid off it goes into my name.
Not sure I understand the situation. You bought the property by yourself? That would have resulted in your name being the only one on the deed.
Buying a house is different than a car. When you buy a car, the lender holds onto the title. When you buy a house, you ARE the owner. The deed would have been put into your name from the very start (assuming this is an ordinary transaction, not a "contract for deed".)
In addition, when you get a loan, you give the lender a "deed of trust" or "mortgage". These are similar documents, but different states use one or the other. Even though "deed of trust" sounds like "deed", it is not a deed. Rather, it gives the lender a security interest in the property.
The mortgage company isn't the one to tell you who's on the deed. Not sure they would actually even have a copy of the deed. And ownership can change without the mortgage company even being aware. So, they are not a reliable source of information about ownership.
For that, you should go to a title company and have them do a title search. Its possible to do this yourself and the county recorder's office. Some counties have records online. Try googling your county name and "recorder". Their search systems can be awful, though. Best to go to the recorder's office and ask for help.
When you loan is paid off, the lender will file a "release of lien" or some similar document. That's removes the lender's security interest in the property. It doesn't actually have any effect at all on ownership. So, the lender can't tell you the property will go into your name. They may well say "when its paid off, its yours". But that assumes you're the owner.
You say you told the divorce lawyer the property whet to your ex. Does that appear in the actual documents from the divorce? If it does, then its a legal transfer of ownership. If that was the plan, a new deed should have been created to record the transfer. However, even without the deed "his mother" (Your ex's mother?) could use the divorce paperwork to do the transfer now. If that was just something you said, and isn't written down anywhere, then she will have a tougher time. Could well end up in court.
Sounds like there is still a loan against this house. Have you been paying that loan for the last ten years?
Yes there is still a loan on the property. No I haven't made the payments because I haven't lived there in the last 10 years. Thank you for your replies. Didn't realize those words I spoke that many years ago would haunt me now but looks as if they are going to. Yes, they say it in the divorce that he gets the property. I guess I am losing this fight. :(. oh well we live and we learn. We have a court date in January but was trying to get an outlook on what was going to happen in court. Didn't know if the judge could make me sign off on it or not.
Occasionally, the deed change never happens because the one "winning" the house is unable to get financing in their own name. It sounds as if you are still on the hook for the existing loan ...
If you gave away your interest in the property all those years ago, its water under the bridge. The deed should have been fixed then. But the fact it was not doesn't mean you have any legal right to the property. I'm not sure we have all the facts of the situation, but it sounds like you gave up your rights to this property 10 years ago.
The loan is a problem, though. If you're name is still on that then your credit will be damaged if the payments stop. He should have refinanced it into his name at the time of the divorce. I'm guessing that didn't happen, or the deed would have been corrected at the same time.
It may be worth your while to spend a couple of hundred on a lawyer and review the situation. Someone local will be familiar with the processes there and can actually look at the paperwork and advise you.
Well she did try to take it to family court but it got thrown out. It went to probate court then that is where they sent it. Nothing has happened as of yet. We have talked to the judge but nothing has happened with getting my name off the property. Mortgage company said i have to agree with whatever happens in probate court because my name is on the deed. Don't know how true this is.
I skimmed the comments above, I won't get into probate issues, the question was can she get you off the deed? Yes, if the divorce decree set the property to your ex-husband, there should have been a deed made, but that is often missed as it is done after court, you need to comply with the court order by the divorce judge. You would deed the property to his estate, how that is divided is another issue and really not relevant to you. You need to abide by the divorce decree. If it is not contained in that decree (which it should be) then you are still in title. If you are in title and someone else cared for the property and made mortgage payments, they can make other claims for possession and sue for costs. I'd suggest you avoid the problems, abide by the intent of your seperation and deed the property to your ex-husbands estate. :)
Had a deal some years ago (prior to statute of limitations, anyway) whereby the husband and wife acquired as JT, got a small mortgage, then were divorced many years ago.
Wife dies, adult child defaults, we track husband down and he sells his share to us. Order for Dissolution confirms divorce but judges notes on page page two, which grants title to Wife, is not picked up by title. So, we provide title affidavit of death of JT and her death certificate, as T.O. requested in exceptions.
Point of story: pay attention or find a title company that does not.
she has filed a motion to compel transfer of title. Don't know if she will win or not but the court date is set for tomorrow. Will let everyone know how it ends.
I have a similar question. My husband’s mother and father divorced over 10 or more years ago. She got the house in the divorce and never got the deed changed over to her name because he would sign it over to her. She recently passed away and now his dad is trying to take control of the house. If it states in the divorce that the house was hers and states it in her will that it is to go to her sons and not him. What can be done?
I have a question similar to the original one. My husband died intestate almost a month ago. He owned property in Delaware with his ex-wife and both are on the Deed, which states "Each as to an undivided one-half interest as joint tenants with rights of survivorship." However, when they divorced, the divorce decree stated that he was to get 4.5 acres of the property and she could have the home and the rest of the property (7.5 acres). My biggest question is, will the divorce decree trump the Deed? My attorney thinks the Deed will trump the divorce decree, but I don't know DE law.