Ex-wife diagnosed with terminal Cancer. My name remains on the house’s mortgage

My ex-wife has been diagnosed with terminal cancer. We share joint custody of our 10 year old son. She and my son reside in the house we purchased during our marriage. My name remains on the house’s mortgage. I spoke to her yesterday and she informed me that her lawyer has everything taken care of in regards to the house and that my son will be residing in said house after her death. What are my rights regarding my son and the house?

Asked on December 15, 2017 under Real Estate Law, Mississippi

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for the situation.  Since the mortgage company was not part of your divorce settlement you are bound by the contract you signed with them - the mortgage.  I am assuming you were paying support and your wife was paying the mortgage from that, correct?  You need to contact an attorney.  The Stipulation of Settlement in the divorce binds you and your wife in a Contract but now the situation has changed and you need to adjust things, most importantly taking care of your son.  Good luck.


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