My husband got a divorce modification in which her ex-wife signed over possession of the house she lived in until their children became adults and she re-married over to him. The question is now does the home become marital property for him and I? Does he have to place my name on the deed? We live in GA.
2 Answers from Attorneys
Your post makes no sense. How is your husband going to remarry his ex if he's married to you?
The key word in your post is "signed over possession." Having possession does not mean he has an interest. From your post, it seems the ex-wife retains ownership as possession of the home reverts back to the ex-wife based on certain events. Your post does not provide any information as to how the house is titled, but if you think your husband may have the obligation to put you on title, I assume he remains on the title with his ex-wife. There is a difference in possession and ownership. You husband does not have to put you on the title, and from your post, he shouldn't put you on the title as he does now own the residence free and clear of any right or claim of the ex wife. You really need to have an attorney who has had the opportunity to review the divorce agreement and modification agreement give you advice.