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    TrafficMom2's Avatar
    TrafficMom2 Posts: 1, Reputation: 1
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    #1

    Mar 4, 2011, 10:26 PM
    Off Mortgage, Still on Deed
    I have been divorced for 10 years & He got the house. I have proof from the Mortgage Company taking me off the mortgage & saying I am no longer financially responsible for the property.

    Just noticed today in searching public records that my name is STILL on the Deed to the House. Surprise surprise, my ex was supposed to take my name off according to our divorce decree & never did.

    He did have to refinance the house (10 years ago) in his name only. He has since remarried & is living there with wife number two.

    Should I be worried or concerned at All? He was/is not a responsible person. He not approachable (his personality is similar to that of Charlie Sheen's most recent interview.)

    If a lien is put up against the house would I be liable or should I shut up knowing I'll get 1/2 of the house later on? Moral & legal advice please.

    I had to do EVERYTHING.
    Wife #1
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Mar 5, 2011, 02:33 AM
    You are right that this can work either way. It's best to get your name off the deed.
    A court battle with his wife if he died isn't worth it, nor is one with her kin if both died.
    You own half the property regardless of mortgages and who pays taxes, and this can affect you if you need to apply for something like gov't benefits, because it isn't your primary residence.
    A tax or contractors lien against the property would be half your responsibility.

    If you each had lawyers, they should have handled this. I'm surprised that he was able to refinance without your signature.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Mar 5, 2011, 06:54 AM

    What public records did you search? It may be possible they are incorrect or out of date. It is very unusual for a refi to go through without a deed correction.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Mar 5, 2011, 02:31 PM
    Quote Originally Posted by TrafficMom2 View Post
    ... Should I be worried or concerned at All? ... Should I be worried or concerned at All? ...
    No. A lien is just that: a charge on the house. It's not a personal obligation on your part.

    Quote Originally Posted by TrafficMom2 View Post
    ... should I shut up knowing I'll get 1/2 of the house later on? Moral & legal advice please.
    ...
    No, you aren't going to get half the house. Sooner or later someone will wake up, realize you should have signed a quit-claim deed, and demand that you do so.

    So, morally you should give him a QC now, legally sooner or later you will probably have to.
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