Legal Question in Real Estate Law in Texas
Property owner after deth an divorce
I am divorced. My ex died recently, but he had a outstnading mortga ge on his home which he owned prior to the marriage. My name is on the deed, but not on the note/mortgage. Can i be held liable for the unpaid balance on the note if it defaults? If I take over Payments, once the house is paid off, is it mine? He has no chldren, but he has 2 siblings. One parent and2 siblings are living. I woul like to take over and eventually by the house.
1 Answer from Attorneys
Re: Property owner after deth an divorce
How did your name wind up on the deed? Was it in the divorce decree? If your name is on the deed,(and the decree doesn't force you to give your share up) then you have an interest in the property, which would be shared with your ex husband's heirs. If you can, you can negotiate with the heirs and buy out their shares and therefore own the house.