What are a divorced owner’s rights regarding a jointly held home?

UPDATED: Jan 25, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 25, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are a divorced owner’s rights regarding a jointly held home?

I have been estranged from my husband for over 3 years. I live in TX and he lives in AZ, in the house that is mortgaged in my name with his daughter. I put his name on the title after we got married. If he stops making the mortgage payments, can I evict him?

Asked on January 25, 2011 under Real Estate Law, Texas


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

Answered 12 years ago | Contributor

Both states have community property laws so marital assets are split 50/50.  Love is blind but you do realize that you made him half owner of a house that he has no legal obligation to continue to pay the mortgage?  I think that you need to take the bulls by the horn and start to get things in to order so that you can split up and go your separate ways.  At this point in time if he stopeed paying the mortgage the bank has a right to foreclose and name YOU as the mortgage holder.  He would be named as well as he is on the deed.  Get help here.  Good luck.  

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption