i am on the title of our house but not the mortgage. I am entitled to money from the sale of the house.

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i am on the title of our house but not the mortgage. I am entitled to money from the sale of the house.

My ex husband is the only one on the mortgage. We are both on the title. He owes me money. Am I entitled to money from the sale of the house.

Asked on August 13, 2017 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if you are an owner of a property (e.g. on the title) you are entitled to a share of the proceeds (after paying costs of sale, paying off any mortgages, liens, or taxes, etc. owned on the property, etc.). If your ex paid more of the mortgage than you, it is very likely that a court would give him more of the proceeds than you, to reflect his greater payments towards the property (and conversely, if you paid more than him and can prove that, then even if you were not on the mortgage, you might well get a larger share to reflect your contributions).


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