How do I protect myself if my ex-husband dies while owing memoney and leaving my nameon the mortgage?

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How do I protect myself if my ex-husband dies while owing memoney and leaving my nameon the mortgage?

Ex-husband not complying with original or amended judgement. He owes me over $75,000. Plus he was ordered by the court to get my name off of a mortgage, he did not. He has not complied and allowed joint accounts that he was responsible for fall behind. My credit score has dropped over 100 points. He is now critically ill and not expected to live more then a 6-8 weeks. He let his life insurance lapse. How do I keep him from leaving his 2 properties (one he lives in and I’m not on mortgage and rental with joint mortgage) from someone else while he owes me so much?

Asked on August 20, 2010 under Family Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation and for your ex's state of health.  If I a understanding your question correctly you have a judgement against your ex?  An actual judgement that you could file in court as against the properties he owns?  Then I would seek legal help as soon as you can to file the judgement against the properties.   Are you only on the mortgage or are you still on the deed?  This is a common problem with divorce proceedings when a party executes a deed to the other party as part of the divorce and the  other spouse never re-finances the mortgage.  The bank is not a parity to the divorce so they don't care if they come against you.  But the judgement and lien will put everyone on notice.  As for the other house, the problem there could be rights of survivorship to the joint tenant.  But file the judgement lien anyway.  Also, do you know where he banks?  Any accounts?  Try and file notices with the banks.  And make sure that if an estate is filed you notify them of your claim.  You will have to rebuild your credit once you are able to take control back.  Good luck.


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