Legal Question in Family Law in Ohio
My recent divorce gave the house to my ex-husband.
Both of our names are on the mortgage. He must refinance by October.
If something should happen to him before October, would the house go to me, because my name is still on the mortgage, or to his heirs, with me being responsible for the payment?
The wording: Defandant/Husband shall be awarded the interest in this real estate. Plaintiff/Wife shall Quitclaim her right title and interest to the Defendant/Husband. The above to the contrary notwithstanding within six months the Defendant/Husband shall refinance to obtain Plaintiff/Wife's release from the mortgage thereon.
My attorney cannot answer this. Your help will be appreciated. Thank you.
1 Answer from Attorneys
Without knowing more, this is just a guestimate. You both have 6 months to make this change happen. What is supposed to happen is that within this timeframe H refinances and W quitclaims her interest. This is the order of things. Hopefully, W does not quitclaim her interest before H refinances and hopefully this happens simultaneously. Whenever W quitclaims her interest, she looses her right to the asset.
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