How can I minimize my liabilites for a house still titled in both our names butgiven to my now deceased ex-husband in our divorce?
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How can I minimize my liabilites for a house still titled in both our names butgiven to my now deceased ex-husband in our divorce?
While married (10years) we purchased a home jointly. Both names are on the title. We separated 3 years ago (informally). I filed for divorce (late 2009) and the final decree was issued by the court last week. The decree specifies that the home is solely his responsibility. My ex-husband had surgery and died from complications and did not have a chance to fulfill the actions set forth in the decree. The home is in foreclosure and I do not want the credit ramifications to fall on me. Am I correct in telling parties that this is a probate issue as I have no rights to his assets per the decree?
Asked on September 25, 2010 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. Although the divorce decree may indeed state that yo have no right to his assets and the house was awarded to him in the divorce, the bank is not a party to the divorce and is not bound by the terms thereof. So unfortunately there will be credit ramifications and they will fall on you. What may have to happen is that you may have to go after you late husband's estate to cover you in this matter. I would seek help from an attorney in your area on this matter as soon as possible. You can not just pass along the liability here with a phone call. Good luck.
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