Posted on: 19th Jan, 2010 01:02 pm
my husband and i purchased a home right after we married. however, because of my previous divorce and credit showing from ex, mortgage co. would not give loan unless in my husbands name only. the gave us all the paperwork for a quit claim deed and i signed but husband never filed it. it is 6 1/2 years later and he still won't file. i pay for the mortgage out of a joint account funded totally by my check. he also has a savings account that is in his name only. since i pay all the bills with my check, he puts his check in this savings account that i can't touch. what are my legal rights. also, what happens should he die. does this go to probate?
thank you
thank you
Hi denmore!
Welcome to forums!
You've mentioned that your name is not on the mortgage or on the property deed. Thus, you won't be able to claim any rights to the property deed. If he leaves back a will, then the property would be probated on his death. It would be divided as per the will. In case he does not leave back a will, then you will have to file an affidavit of heirship at the county recorder's office and transfer the property in your name.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You've mentioned that your name is not on the mortgage or on the property deed. Thus, you won't be able to claim any rights to the property deed. If he leaves back a will, then the property would be probated on his death. It would be divided as per the will. In case he does not leave back a will, then you will have to file an affidavit of heirship at the county recorder's office and transfer the property in your name.
Feel free to ask if you've further queries.
Sussane