In the event of my death, would my ex-wife be entitled to the house if her name is still on the mortgage?
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In the event of my death, would my ex-wife be entitled to the house if her name is still on the mortgage?
My wife does not want to sign the divorce papers because it is stated that I receive the house however due to other circumstances her name will remain on the mortgage. In case of my death, would she still be entitled to the house since her name is on the mortgage?
Asked on August 8, 2012 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If your wife does not want to sgn the divorce papers then she remains your wife and not your ex wife for purposes of the estate. So then if you are still legallly married the house would go to her automatically at the time of your death as she will also not sign the deed over to you I am sure. Pleae seek consultation here. Good luck.
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