I'm getting a divorce next year and my name is not on the deed or mortgage only my husband and my mothers name is on the deed and mortgage. She passed last year but I'm the only one named in the will to receive her 5% of the property. Can I tell the judge that I would like to keep them home in my divorce or does my ex husband automatically gets the home since his name is on it ?? I pay more than half of the mortgage and all of the utilities.
This is a much more complicated question that it first appears. The first question is whether you have a community property interest in the home. If the house was purchased during marriage, even if you signed a quit-claim deed putting only your husband's name on the house, you may have a community property interest in the house.
If you signed the deed and were a victim of domestic violence and were threatened or coerced into signing over the property, you may be able to set aside the deed. Also, if you signed the deed only for financing purposes and were expecting to have your name put back on the property after the house was purchased, you may have a community property interest.
Secondly, the 5% ownership of your mom's is all yours. Also, was there a down payment on the house? Where did it come from?
You really need to seek the advice of an attorney before it can be determined what your ownership interest is in the house.
Regardless of your ownership interest in the property, you can buy Husband out of his interest in the property if he is agreeable and if you can qualify to refinance the property.