If I signed a quit claim deed but my ex-husband left my name on the mortgage and now he is dead, do I have any claim to the home again?

I divorced him and I signed a quit claim deed and gave the house back to him but then he was murdered. Then I found out he had left my name on the mortgage loan for the house but my name is not on the deed. However, now since he is dead no one else’s name is on the deed, do I have any claim to the house again? And he did not have a Will.

Asked on July 12, 2012 under Estate Planning, Illinois


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

Answered 8 years ago | Contributor

I am so sorry.  No, legally the house is not yours although I would speak with an attorney as soon as you can as to the issue of the mortgage.  You are still financially liable and you are going to have to have help resolving the issue with the bank and his estate.  Good luck.

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