Legal Question in Real Estate Law in Nebraska
Title of Property after divorce
My sister-in-law is trying to re-finance her home...It was discovered that she is still on the mortgage loan on a home she bought with her former husband...she is not on title on the house...her former husband in gravely ill w/cancer and claims that he plans to either re-finance or assume the loan on his own..they are divorced..what happens if this matter is not resolved b/4 he dies?...does she have any recourse to expedite this matter so she can qualify to re-finance her own home w/o this debt from the former loan?
2 Answers from Attorneys
Re: Title of Property after divorce
For some reason, your question was directed to California LawGuru lawyers. I hope it was also sent to our Nebraska contingent, because the laws of California and Nebraska are rather different in the area of family law and marital property.
One piece of advice that should be universally valuable, however, would be to go back to the lawyer that handled the divorce for the ex-wife and inquire how this debt was supposed to be handled between the divorcing spouses. More likely than not, there was a property settlement, either by agreement (contract) or judicial decree covering the loan obligations in some manner or other, along with provisions for other assets and debts of the couple.
The situation you describe should not result from a properly carried out divorce action. Maybe someone dropped the ball or the divorce was sloppily handled from a legal standpoint. Another possibility is that one or the other of the ex-spouses misunderstands the divorce decree or property settlement, or has failed to carry out some required act.
Re: Title of Property after divorce
Potential big problem. You need an attorney immediately. This could have very long-term effects in the passes away and no one does anything in the property is foreclosed upon. She will have the foreclosure under records not due to anything she personally is done. She should contact the letter immediately and explain that she is no longer married to the man in should not be held responsible, but basically I don't expect the lender to be very sympathetic. I've been practicing real estate law for 30 years in these are the types of problems that may not be easily solved. She needs her ex-husband's cooperation immediately and because of his condition is she does not get it in may cause for substantial damage. If you wish to consult with the I'm in the San Francisco Bay Area at 925 -- 945 -- 6000.