Who rightfully owns property if only one person’s name is on the mortgage?

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Who rightfully owns property if only one person’s name is on the mortgage?

My ex and I were granted a final judgment of divorce 2 years ago. In the divorce decree my ex was awarded the double wide trailer in which he lives today. Exact words are, “The Defendant shall assume and be responsible for the payment of any indebtedness on the real property and/or the mobile home and shall indemnify and hold the Plaintiff harmless there from.” However, my name is the only name on the mortgage. According to the mortgage company, I am the one responsible. My ex refuses to get a new mortgage. Who actually owns the property? Too late to appeal the judges order. What do I do?

Asked on September 28, 2011 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to carefully read the dissolution decree involving you and your former spouse in that its terms and conditions control the ownership of the double wide which your spouse resides in since its terms and conditions control the obligations owed to you by your spouse and vice versa.

If legal title was ordered to be in your spouse's name then he owns it regardless as to who is on the mortgage servicing its debt load. If you are the plaintiff, then your spouse is obligated to maintain the service of the property's debt load and is responsible for indemnifying you from any failure to pay on the double wide.

The key is what does the court order say as to ends up owning the double wide trailer. If the order puts it in your former spouse's name. If that is the order, then you need to have title to the duble wide transferred into the name solely of your former spouse.


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