Deed/Mortgage

I am assuming your husband settled all equitable distribution. If the ED states that if the mobile home sells, then the ex gets such and such of the profit, then I don’t think she has any claim. If the deed is in his name only, then it is his home.

If he dies and she is still on the mortgage loan, TECHNICALLY the loan company can persue HER to make payments if you dont continue to make them.

If her name is not on the deed she does not have an interest in the house. I am assuming that they are legally divorced and there is no order or agreement that requires them to share the equity.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

My husbands ex-wifes name is still on the Mortgage Loan for the house, we pay the monthly bill. She has NEVER made a payment. The DEED is in his name only…

The ? I have is this, “What if he dies today could she come up and make me move out since the Mortgage is in his/her name and not mine?”

I know we need to refinance to remove her name but NO ONE will refinance mobile homes :frowning:

I just want to make double sure that if something happened to my husband, and I had to sell the house could she be intitled to 1/2 of what it would sell for?

Thanks in Advance

Lissaloohoo