Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.Could you clarify?Are both of your names on the Title?Kindly note that Deed of Trust is just a mortgage. What I want to know is if both of your names are XXXXX XXXXX the Title to the Deed?
The home was paid off and we were sent a deed release with both of our names on it. Is that what you are speaking of?
The home was paid off and we were sent a deed release with both of our names on it. Is that what you are speaking of? Response: No. The Release is just for the satisfaction of the Deed of Trust—for paying off the mortgage and has nothing to do with the Title to the property. I want to know if your name is XXXXX XXXXX Title to the Deed. Title to the Deed means ownership of the property. So, I want to know if you are a joint owner of the property. If your name is XXXXX XXXXX the Title to the Deed, I am afraid that you would not be entitled to any interest in the property as the property was purchased before your marriage. The property would be your husband's separate property. However, if after the marriage, your husband refinanced and then put your name on the Title (not the same thing as your name being on the Mortgage/Deed of Trust), then you would be 50/50 owner of the property and thus entitled to 50% ownership if you and your husband do not agree to division of marital assets.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).