If my ex-husband recently died, how do I remove his name from the deed to my house?

UPDATED: Mar 25, 2013

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If my ex-husband recently died, how do I remove his name from the deed to my house?

In our marriage settelement agreement, it states that I kept our house that we jointly purchased in exchange for also keeping and paying all the other joint debt we had incurred while married. Due to financial reasons, I was not able to refinance the house and he agreed that he wouldn’t push it until I was in a place to refi. Unfortunately, he would not sign the quit claim deed just to be difficult. We were divorced 6 years ago. What do I need to do know to remove him from the deed or since he was/is still on deed and loan? Does that mean he still had a portion of the house? And equity goes to “estate”?

Asked on March 25, 2013 under Estate Planning, New Mexico


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The estate - or rather the executor - can execute any of the documents that he was to execute that are necessary for you to have the home placed in your name.  As it stands now things appear on the outside that a part of the house goes to the estate.  In reality the marital settlement agreement will override that.  But I would not wait to seek legal help on this and to have the property transferred asap.  What could have been a seamless transfer could get a alittle complicated now.  Good luck.

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