What are my rights to a home I no longer reside in but my name is still on the mortgage? I have joint custody of my children who reside there part-time.
2 Answers from Attorneys
Not enough information. Who owns the home?
Michael is on the right track. The mortgage is just a debt secured by the home. The home is the asset. Being on the mortgage doesn't give you rights to the asset. You would have to look to see who is on the deed of the home. But your question prompts more thought into why you are asking about your rights to the home. What are you trying to accomplish? Getting off the mortgage? Getting into the house? Getting the occupants out of the house? You say your children live there, but you don't say which adult(s) live there. Is it a former spouse? Your children's other parent? Was there a divorce? If there was a divorce you should look to see what rights you may have according to the divorce judgment.