How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33150
Experience:  Estate Law Expert
11068102
Type Your Estate Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

Hello. I have a question about my now deceased ex-husband and

This answer was rated:

Hello. I have a question about my now deceased ex-husband and our still jointly held mortgage. We divorced in 2011 and according to the decree "commencing February 1, 2011, (provided payment by Husband to Wife of her equitable interest as specified below) the Husband shall have the sole use, ownership and possession of the home with Husband solely responsible for the timely mortgage payments directly to Bank of America and all costs associated with his ownership, holding Wife harmless". We agreed to refi the home to remove my name from the loan, but never did. The mortgage was subsequently approved for a modification in May 2013. His sisters are stating I'm trespassing if I go the the house. Is this correct?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Unfortunately, they are kind of right.

JD 1992 :

But not exactly. You would be trespassing if the owner of the property told you not to enter but at this time the owner is "The Estate of..." your ex-husband and the only rights they have to the property are "potential rights" or "anticipatory rights" unless one of them have been appointed as executor of the estate by the court.

JD 1992 :

However, what you can do is hire an attorney and file a motion for the court to revisit the issue of ownership of the house. Since the never refinanced and "held you harmless" then he was technically in violation of the court order and the court can revisit the ownership issue.

JD 1992 :

However, you are going to have an issue because even though the original order was through a family court the estate has to be handled through the probate court and so you will likely have to file to open a probate and then address this issue. The probate judge can sever this issue out and send it to the family court to handle or can choose to handle it in the probate court.

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Dwayne B. and other Estate Law Specialists are ready to help you

Related Estate Law Questions