I am divorced. Our house title is in both our names but the loan is my name. I do not live in the house. In the divorce my ex is to pay all expenses pertaining to the house, until the house sells. If he should die what would happen to the house?
1 Answer from Attorneys
Because the house is in both of your names one of two options could happen. First, if you both own the property as joint tenants with rights of survivorship, then if he were to die you would automatically receive his interest. However, if you own the property as tenants-in-common, then when he dies, his interest would either go to his statutory heirs or according to the contents of his will if he has a will.