no children involved need answer A.S.A.P.
2007-01-13 14:31:35 · 7 answers · asked by leachdrk 1 in Business & Finance ➔ Renting & Real Estate
If there is no will then you legally get the house. Get an attorney and he/she will straighten this right out.
2007-01-13 14:36:06 · answer #1 · answered by fade_this_rally 7 · 0⤊ 0⤋
Get a lawyer.
If the husband didn't have a will, the present wife and any children, regardless of who the mother was, would receive the estate.
Since the present wife has been paying for two years, she can actually establish a claim of ownership. Believe it or not, you can still "Jump" someone's claim in this day and age.
If he had a will, the present wife could be in trouble, but still she has a claim because she has been paying the deed and taxes.
If he had a will, it should have been in testate and resolved by now I'd think, unless someone contested. Without a will, she’d owe some inheritance tax and maybe some income tax as well. Could be sticky.
Now here is a dirty trick that can really tie up a piece of real estate for a while.
Find someone, anyone, and have them sign a quitclaim deed. All that says is that they sign over all rights they have on the property to the present wife. They don’t ever need to have had any claim on the property what so ever. The present wife can then register it on the deed. Be sure to use the legal description in the quitclaim.
This is a neat trick to really muck up a deed. They would have to quiet the title and that takes time. Good stalling practice.
This would apply to real property, land, house, etc. If it is a trailer house, that is usually treated as personal property, and handled different by the courts.
The government cannot simply change the name on a deed; neither can a lending agency simply change the name on the mortgage. In fact, since there is a lien on the property, the mortgage company would have the release the original lien and reinstate it after the new owner.
A tid bit of info, all mortgages have a "due on sale or transfer" clause. Period. There was a time, you could transfer a mortgage and have someone else assume it, but that time is long past.
If no one is there to challenge, she could actually continue to pay the mortgage and taxes without a problem. The only problem would come if you wanted to collect insurance for damages or wanted to sell the property. Give it a few more years, and she might only have to quiet the title. Not cheap, but establishes ownership.
To sum it up, refer to first paragraph. Get a lawyer.
Good Luck.
2007-01-13 23:46:40 · answer #2 · answered by A_Kansan 4 · 0⤊ 0⤋
You need an attorney. If hubby was married before and ex's wife name or anyone else's name is on deed, then they would get the house. If house was bought before you were married and no one else's name was on deed, you need an attorney to go through the paperwork to make sure you get the house.
2007-01-13 22:43:45 · answer #3 · answered by kny390 6 · 0⤊ 0⤋
The wife has "rights of survivor". May have to have a lawyer, but, you may be able to just go before a judge with both the Marriage Certificate and Death Certificate.
2007-01-13 22:44:10 · answer #4 · answered by Snaglefritz 7 · 0⤊ 0⤋
She could try taking a copy of the death certificate and her history of payment to the county/city office that issues deeds.
2007-01-13 22:36:49 · answer #5 · answered by fdm215 7 · 0⤊ 0⤋
it does'nt matter it would automatly go to wife unless there is a will and it was already left to someone else.
2007-01-13 22:41:33 · answer #6 · answered by pooh 6 · 0⤊ 0⤋
SO?
ESTATE REVERTS TO WIFE...
YOU REFINANCE OR LEAVE LOAN AS IS....
PROPERTY IS YOURS.....................COURT SAYS SO..OR IT SHOULD...............
IF WORRIED..HAVE FINANCE COMPANY CHABGE PAPER WORK IF POSSIBLE...
MOST WON'T...REQUIRE REFINANCE...
2007-01-13 22:38:02 · answer #7 · answered by cork 7 · 0⤊ 0⤋