What are my rights regarding divorce annd a house that burned down?

My ex-husband was granted the home with both of our names on it in our divorce and he would not get it refinanced and now the home has burned down. So now he is saying that I have to pay for it since it is my name. He is going to just get the insurance money and start over and not pay the home off.

Asked on June 19, 2012 under Family Law, Mississippi


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The title and loan are two separate items. If you had not quit claimed the title, the title is still in both of your names. That means, in addition to being both on the loan, your insurance company will basically write the check to three people: the mortgage company, the husband and wife. The check will most likely go to the mortgage company. If there is anything left after the mortgage is paid off, it will be split between the two of you. You need to stay on top of it.

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