was divorced 11 years ago. Decree state I give up all rights to home. The house still exits in my ex-wife name and myself. Neither live in.

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 1, 2016

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Insurance Question from Mesquite, TX

Asked on 01/01/2016

was divorced 11 years ago. Decree state I give up all rights to home. The house still exits in my ex-wife name and myself. Neither live in. Tornados in Garland have damaged the house. My name and ex are on the mortgage/insurance and deed. It has been occupied by her daughter. Since I am still on the deed/insurance she is now trying to remove, according to insurance adjuster. I not trying to get any moneys, just want to insure that I am not left with the mortgage if she is the only person to receive moneys, without my name and mortgage company's name.

Answer given on January 02, 2016

If there is a covered homeowner insurance claim for tornado damage, the insurance company will send out an adjuster to determine the amount of the damage. They will then work with a contractor that you choose to settle the claim. If there is a mortgage on the home, the insurance company may include the name of the mortgage company. However, sometimes they will make the check payable to the contractor and the named insured. Each insurance company handles this differently. It is very unlikely that they would make the check out to your ex-wife only.If neither you or your ex wife live in the home, the insurance company may insist on changing the insurance from a homeowner policy to a rental dwelling policy. They could decline the claim since the insurance policy is not written correctly, but they should not. If your daughter had damage to her personal property, they may decline that portion of the loss.

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