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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101534
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If, in a divorce settlement a home is awarded to the

Customer Question

If, in a divorce settlement a home is awarded to the husband, the spouse remains on the mortgage but not the title. He died, does the ex have rights to the property
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Minnesota
JA: Has anything been filed or reported?
Customer: Like what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: She was to provide documentation to transfer title of homestead to homestead within 180 days. I don.t know if that happened
Submitted: 3 months ago.
Category: Legal
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is no. The husband should have refinanced the property solely into his name after the divorce. Sometimes this does not happen, and it looks like this is one of these times.

Regardless, the ex does not get the home - this went to him. So it belongs to the estate now, and the beneficiary of the estate that receives the home has to refinance into their name from hers.

I hope this helps and clarifies. Please use the SEND button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating (it does not cost anything extra to rate).