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

UPDATED: Sep 28, 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: Sep 28, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

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