What should I do if my late husband never took his ex-wife’s name off the deed to our house?

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What should I do if my late husband never took his ex-wife’s name off the deed to our house?

My spouse died 2 years ago. I just found out that he never took his ex-swife’s name off the deed of the property. I was married to him for 17 years.

Asked on May 15, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to consult with an attorney right away. If the home had been owned by your spouse and the ex-wife prior to your marriage, then it is possible that she still had an interest in the home--indeed, depending on how she and your husband had owned it, it is not impossible that she owns the entire home. A lot will depend on how they owned it and any distribution of property made in their divorce decree or settlement.

Therefore, you should speak with an attorney right away and bring all documentation that you have that relates to the home, your marriage, and--if you have access to or copies of it--the prior marriage. Good luck.


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