Legal Question in Real Estate Law in Arizona
loan defaults
If my exhusband defaults on our morgage and abandons the house can I legally take possesion of it? My name is still on the loan papers.
2 Answers from Attorneys
Re: loan defaults
Is you name on the deed to the house? What does your divorce decree say? Repost your question with those details.
Re: loan defaults
If your divorce provided that he gets the house (and you deeded your interest to him) and is liable to pay the mortgage, you are probably still liable on the loan, and you have a claim against him for damages, If you are still on the title, then you would probably have the right to take possession of the house. In either case, you should get him to quit claim his interest in the house to you, then you will clearly have the legal right to take possession of the house. Of course, review of the divorce decree and the facts leading up to this point must be established and evaluated in order to give you an answer.