Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

The deed of my house is under my name but the mortgage under…

The deed of my...

The deed of my house is under my name but the mortgage under my ex wife do i have any rights?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has any paperwork been filed?

The deed was put under my name about two years ago

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The morgage company has her name and mines but when i call they tell me and not in the mortgage

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 9 minutes by:
3/5/2018
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,582
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

How did that happen? Who got the home in the divorce? And was there an order for whoever got the home to refinance into their name, only? And if so, was there a deadline to do that?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
no nothing to to with the divorce she just decided to put the deed under my name and bough her self another property

Did she do this with your permission? Or, she did this without you even knowing?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
with my permission

Okay. LAST question. Did this happen BEFORE or AFTER the divorce?

And, what do you wish to do? Do you wish to get rid of the deed? Or do you wish to get the mortgage under your name? Etc.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
after about 8 years after to be exact.

So 8 years after divorce?

And, what do you wish to do? Do you wish to get rid of the deed? Or do you wish to get the mortgage under your name? Etc.

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
correct

And, what do you wish to do? Do you wish to get rid of the deed? Or do you wish to get the mortgage under your name? Etc.

What is your goal here?

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
i just really want to know my rights.now she's threatning me with i cant do anything to the house any upgrades or anything with out her approving.

Sure. Allow me to explain.

A mortgage situation can have a party in two positions:

1) As a deed-holder (one who holds the interest); and
2) As a mortgagee (one who pays for the mortgage).

Often, the party holds both positions, but, this is not true 100% of the time. For example, a rich uncle wants to spoil his niece and purchases her a home, but, he keeps himself as a the mortgagee but she receives the deed.

Somehow and for some reason, she made it to where she has to pay for the mortgage, but you own the home.

YOU HAVE MOST of the CARDS HERE. She can't really do anything since she set it up this way. The only thing she can do is stop paying the mortgage, at which time the home may be foreclosed upon although you can try to get it at the foreclosure auction. But that is the only thing she can really do.

At this time, you own the home but she has the duty to pay the mortgage.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Real Estate Law Question

Ah, sorry - a follow up on the upgrades. Unless the lender contract or a private contract states otherwise, she has no ability to tell you what to do with the home.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
i wish to keep the house,but its hard to get it under my name cause she did some refinincing before and left it to me with a real high balue.i have been taking care of everything for the past two years and paying the mortgage

I am sorry to say that to get the clear title, you'd have to pay the mortgage (or someone would) until it is finished. But then you should get it, if the home is under your name.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
what happens if i stop paying the mortgage?

The home will go into foreclosure. It will eventually be put up for auction and sold. You may bid on it if you want to at that time.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
but as long as i keep paying i should be ok? and can i do any modification to the property without her knowing

but as long as i keep paying i should be ok?

Yes... based on the facts you told me.

and can i do any modification to the property without her knowing

Yes... based on the facts you told me and assuming no agreement IN WRITING mandates that you tell her about the modifications

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Real Estate Law Question
Customer reply replied 4 months ago
ok thank you for the help.

You are very welcome. Good luck, and please don't forget to RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,582
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
Ely and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,582
103,582 Satisfied Customers
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

11,963 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

103,582 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
My husband passed 4 years ago and I have put off finishing
My husband passed 4 years ago and I have put off finishing probate because I don't know what to do with my situation. My husband was previously married years ago when he bought the home I live in. Whe… read more
Ray
Ray
Lawyer
Doctoral Degree
8,104 satisfied customers
I have a deed that is made out to my mother who owns the
I have a deed that is made out to my mother who owns the house and the mortgage however, she changed the deed to read her and me and my wife who is now my ex wife how can she be removed? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My question is 2 parts 1)I owned a timeshare with my late
My question is 2 parts 1)I owned a timeshare with my late wife She passed away 4 years ago... I have repeatedly called the timeshare to have her name removed bu they are asking for $599......I was tol… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
My wife during the finalizing of our divorce, we came to an
My wife during the finalizing of our divorce, we came to an agreement that they (her, kids and her parents) would remain in the house until I reach the age of 65. They house would be sold and split th… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My husband divorced his ex-wife 2005. The Marital Separation
My husband divorced his ex-wife 2005. The Marital Separation Agreement was incorporated but not merged. Ex-wife was to live in house until 2010 but moved out in 2006. He was paying the mortgage. He an… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My ex-wife and I divorced in Jackson County MS about 12 yrs
My ex-wife and I divorced in Jackson County MS about 12 yrs ago. In the divorce decree she was to change the house into her name and take mine off the mortgage. A week ago I got a call from the mortga… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Three years ago got divorced and the x wife got the house
Three years ago got divorced and the x wife got the house and was to be responsibe for paying the payment and insurance and all that stuff didnt pay a dime 2 years later the second morgage bank put th… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
My son stopped paying on his home over a year ago due to
My son stopped paying on his home over a year ago due to loan being under water and a divorce. He has contacted the morgage company regarding turning over the home via a "deed in lieu". The morgage co… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
this is for pa laws. My wife and her father purchased a home.
this is for pa laws. My wife and her father purchased a home. He signed off all his rights to the home to another daughter, and she now has rights to his half of the home which he paid 20,000 in the p… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,126 satisfied customers
I have been divorced nearly 5 years and I gave my wife the
I have been divorced nearly 5 years and I gave my wife the house in the divorce. a quit claim was never signed. Now she wants me to sign it so a non profit organization can put a new roof on the house… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,126 satisfied customers
My wife and I are Buying a second house in NY and Im wondering
My wife and I are Buying a second house in NY and Im wondering If I should put here name the morgage. She doent work And I thougt if she is not on the morgage and put here name on the deed. If somthin… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,126 satisfied customers
My wife and I divorced after 20 years of marriage. Both our names are XXXXX XXXXX deed. Wh
My wife and I divorced after 20 years of marriage. Both our names are XXXXX XXXXX deed. When we purchased our home both our incomes were used to secure the loan. She gave me the house in the settlemen… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,539 satisfied customers
Hello, heres my problem/question My now ex-boyfriend and
Hello, here's my problem/question: My now ex-boyfriend and I, in march of 2009 bought a house. The morgage was put into his name because I did not make enough to be included on the morgage(I get paid … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
How do I put a house in my name that is not paid for, but Ive
How do I put a house in my name that is not paid for, but I've been paying the mortgage on it? It is in my estranged wife's name. She is disabled and hasn't paid on the house in over 2 years. My credi… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My house burned down a couple of months ago. Originally,
My house burned down a couple of months ago. Originally, My name and that of my friend, Susan, were on the mortgage---this was nine years ago. The following year (2002), Susan took out a quitclaim dee… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
My exwife we have divorced a few years ago she leaved in the
My exwife we have divorced a few years ago she leaved in the house we bought after we seperated she just recently moved out and i did not know about it and the morgage payement is 3 months behind she … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
my wife and I purchased a home in arizona 3 years ago. We refinanced
my wife and I purchased a home in arizona 3 years ago. We refinanced the home 2 years ago and I was not put on the morgage loan, i am on the deed. i have now just went through a divorce this last year… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My friend bought a house in keneticut with her then ...
My friend bought a house in keneticut with her then boyfriend 4 years ago, she does now live''s in Miami but her ex boyfriend kept the house and he has been making the morgage payments for the last fo… read more
AlanM
AlanM
Law Degree
817 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x