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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17453
Experience:  B.A.; M.B.A.; J.D.
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if my husband was making monthy notes on his home when we got

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if my husband was making monthy notes on his home when we got married, afterwards we refinanced and paid off the house, and both names on deed of trust. now we are divorcing, who is entitled to house?

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?

Customer: replied 3 years ago.


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.

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