My divorce was final on Oct. 1st of this year. When I left I packed up all furniture and belongings that were mine before marriage, and left him with the house, and items which I choose not to take. I had instructed my ex to refinance the house in his name if he wanted to keep the house, and I would sign off on any paper work which he might need in order for him to refinance. He never refinance, and he suddenly died just a few days ago. My question is the house now legelly mine or does the house have to go through probate since he was living there up until his death?
It depends on how the house was titled before the divorce. If it was titled in his name only, it would go through probate or his will. If it was titled as tenants by entireties, that tenancy was destroyed in the divorce and you were then tenants in common, so you only own half of the property, and the other half passes through probate or his will.