[SandraLee75]

the house was awarded to me, but ex would not sign the deed. What happens with the mortgage company and the loan? I have lived in the house for 20 yrs and have paid the mortgage and taxes solely for 8yrs.

[AK lawyer]

Your liability on the mortgage note depends upon whether you signed it. If you never signed it, I doubt that you are liable for it. If, of course, the payments are not made the mortgage can be foreclosed.

If your ex refused to sign it over to you as required by the divorce decree, you should have got a judge to hold the ex in contempt. It's too late for that now, of course, but the ex's estate could be made to do so.

[SandraLee75]

Yes, we both signed the mortgage. I am fine with being liable for it. I live in the house and want to stay there. I just don't know what to do with the mortgage company. Will they just take the ex-spouses name off? Will they try and make me pay the balance of the loan? Will they try to take the house?

[ScottGem]

No, probably not and maybe.

As long as you are making the payments and keeping the loan up to date, the lender should not require that the balance be paid or foreclose on the property.

If the ex never signed over the deed how was the property titles? If you were joint tenants with right of survivorship, then you can have the property placed in your name just by showing a death certificate. However, if it is tenants in common, then your ex's estate owns half the house. You will have to file a claim in probate court, showing that the divorce decree specified that you were awarded the house to get full control of the property.

None of this affect the mortgage as long as payments are made.