Post Divorce Property Rights

Summary

The users ex-spouse was supposed to refinance the house post-divorce but failed to do so before his death. The user is still listed as a co-borrower and is currently paying the mortgage. The property deed is still in both their names. The attorney handling the ex-spouses estate is requesting the user to sign over rights to ownership. The user is advised to consult with a real estate or family law attorney before making any decisions.

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ex wanted house in divorce with stipulation that he refinance out of my name. he dies and did not refinance. how do i get right to sell property
What state are you located in? This will help me provide the most accurate information.
tn
What was the exact stipulation in the divorce agreement regarding the house? This will help me provide the most accurate information.
he could keep the house as long as he refinanced out of my name within 1 year
Did your ex-husband have a will, and if so, who was named as the executor or personal representative?
no
What is the current status of the mortgage? Are you still listed as a co-borrower?
still listed as co borrower with survivorship on the loan. I am paying mortgage monthly
Did you have any legal agreement or court order that required your ex-husband to refinance the house within a year?
yes
Who is the current legal owner of the property according to the property deed?
myself and ex husband
What is the status of the property deed now? Is it still in both of your names or has it been transferred to someone else after your ex-husband's death?
what does that mean?
The property deed is a legal document that shows who officially owns the property. Has it been updated since your ex-husband's passing?
no
Who is handling your ex-husband's estate? This person might be able to assist with the property transfer.
attorney for our children
What is the contact information of the attorney handling your ex-husband's estate?
i dont have that available right now, but she is requesting that i sign over rights to ownership
Before signing anything, have you consulted with your own attorney to understand the implications and your rights in this situation?
no. i need to know what type of attorney to look for
You should look for a real estate attorney or a family law attorney with experience in property matters related to divorce.
ok
What is the name of the county where the property is located? This will help me provide you with the contact details of the nearest court.
can i change the deed to the house
To change the deed to the house, you may need to file a quitclaim deed. However, it's crucial to consult with a real estate attorney first.