Legal Question in Real Estate Law in Maine

Owner or not?

I divorced two years ago. Our divorce settlement stated that I was to have no responsibility for or claim to our home and that it would be the sole property and debt of my former husband. However, because it turned out that he could not afford to refinance on his own, my name has remained on the mortgage. Also, he has never followed through on the legal order to file our settlement document with the town office; therefore, my name is on the deed. Does the fact that he did not follow through on removing my name from the documents nullify our agreement as regards the property? I have moved back into the house and have been paying the full mortgage amount for 9 months. Am I still considered a co-owner, and am I entitled to a portion of the equity (for the period I have been paying the mortgage) when he sells the house this summer? Or do I have no legal claim?


Asked on 3/31/03, 7:34 pm

1 Answer from Attorneys
Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Owner or not?

Your question is too complicated to be fully answered in the context of an email. However, I will point out that if the Divorce Judgment required you to transfer your deed interest in the property to your former spouse, that could only have been done by you executing such a deed, and your former spouse's failure to record the Divorce Judgment with the Town Hall had no effect on this issue, since the Town cannot change your ownership rights without a foreclosure. Once ownership is changed, the Town will revise its tax bill to reflect the change when notified.

With respect to the other issues raised by your question regarding credits for mortgage payments, possible negotiations over disposition of the property and refinancing, I urge you to make personal contact with an attorney for an indepth consultation.

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Answered on 4/02/03, 9:19 am


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