What are a divorced owner’s rights regarding a jointly held home?
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What are a divorced owner’s rights regarding a jointly held home?
I have been estranged from my husband for over 3 years. I live in TX and he lives in AZ, in the house that is mortgaged in my name with his daughter. I put his name on the title after we got married. If he stops making the mortgage payments, can I evict him?
Asked on January 25, 2011 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Both states have community property laws so marital assets are split 50/50. Love is blind but you do realize that you made him half owner of a house that he has no legal obligation to continue to pay the mortgage? I think that you need to take the bulls by the horn and start to get things in to order so that you can split up and go your separate ways. At this point in time if he stopeed paying the mortgage the bank has a right to foreclose and name YOU as the mortgage holder. He would be named as well as he is on the deed. Get help here. Good luck.
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