Legal Question in Real Estate Law in California

Re: What if he dies?

Is the divorce in the California or the West Virginia court? You may need legal representation in both states. This needn't be expensive, as the issues are probably readily resolved. Nevertheless, a full and reliable answer would require an attorney to read a few documents, including the divorce agreement and the vesting or proposed vesting documents for the house, as well as the mortgage itself (probably consisting of a note secured by a deed of trust). It may also be necessary to know the terms of any trusts the ex has set up or will be setting up.

Re: What if he dies?

The name of the person on the loan does not necessarily have anything to do with who owns the house. You need to find out whether title is vested in your name by checking with the County Recorder's office. If title is not vested in your name, you do not own the house. If title is vested in your name, you do own the house, and neither ex-husband nor new wife are owners.

If your ex-husband is financing the house, and his is the only name on the loan, he is solely responsible for repayment. However, if he decides to stop making the payments, the lender can foreclose its loan, regardless of who owns the home.

Assuming you have an attorney handling your divorce, you should discuss this matter with your attorney to ensure that your ex-husband is doing what he is supposed to be doing according to your "divorce agreeent." If you do not have an attorney, I would suggest that you immediately find one to help you with this matter.