Mississippi  |  Real Estate Law

Legal Question

Asked on: 6/24/13, 3:09 pm

I filed bankruptcy in 2009 on some credit card debt. My husband did not file bankruptcy. My lawyer said that there was no need to re-affirm my mortgage since my husband was on there too but we did not realize that that loan would not be reported on mine or my husbands credit anymore. We have decided to move our mortgage loan for that very reason and in the process got a better interest rate. My husband is a policeman and was named in a civil suit related to his job which caused him to want everything in my name. A family member advised us to move it back to his name after the threat of the civil suit has passed becuase they said I should not own property until my bankruptcy rolled off in three more years. Right now everything...our home, farm land, and autos are in his name alone. He is concerned about my name not being on there if something should happen to him...he doesn't want me to have to deal with a bunch of legal red tape. He thinks we should fix the deed to include us both since we are gathering everything for the loan anyway. So my question is: do I have survivorship rights in Mississippi on all of our property even if my name is not on the deed? We have been married 25 years and have two children. Neither of us has any other previous marriages or children.

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