My mother is going through a divorce. Her name is the only name on the deed but she's only a co signer on the mortgage with her soon to be ex husband. Does her husband have any legal rights to the home? He also owns other property and does not live at the home in question.
2 Answers from Attorneys
It may depend on whether or not the property served as the marital residence or not. If it did, he may have some interest in the property. Even non-marital residence property sometimes is subject to equitable distribution. This is a very "fact sensitive" question and your mother really needs to discuss this with an attorney to determine the proper answer to the question.
Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner
Before you do anything, please talk to a divorce attorney in your area.
This is serious. These legal issues will affect you and your family for many years.
You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
If you are in New Jersey, please contact me.
Robert Davies, Esq.
201 820 3460