QUESTION: I'm getting a divorce next year and my name is not on the deed or mortgage only my husband and my mothers name is on the deed and mortgage. She passed last year but I'm the only one named in the will to receive her 5% of the property. Can I tell the judge that I would like to keep them home in my divorce or does my ex husband automatically gets the home since his name is on it ?? I pay more than half of the mortgage and all of the utilities.
You really need to seek the advice of an attorney before it can be determined what your ownership interest is in the house.
Regardless of your ownership interest in the property, you can buy Husband out of his interest in the property if he is agreeable and if you can qualify to refinance the property.