What are an ex-wife’s rights to the former marital residence?

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What are an ex-wife’s rights to the former marital residence?

My ex-husband refinanced our house with his new wife and defaulted on their loan. now the mortgage company wants me to sign a release so they can foreclose. I never signed to get taken off of the deed before they refinanced. I know that I don’t owe anything, but do I still own the house. Do I have to give it up?

Asked on June 24, 2011 under Real Estate Law, Kansas

Answers:

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

Answered 10 years ago | Contributor

Hummm.  Well what does your divorce agreement state?  The agreement is a contract that you and your ex husband negotiated prior to getting divorced, unless you went through a trial and a judge ordered the distribution of the assets after taking testimony on the matter.  So what does it say?  Were you supposed to quit claim the property to your ex?  Then you have no real interest in the property any longer based upon the contract you made.  I am very surprised that they were able to refinance the property with your name still on the deed.  I would not, though, sign any documents without an attorney reviewing them on your behalf. 


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