Who will get the house?

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I was married to my ex husband for 10 yrs with 1 child. We purchased our 1st home together and my name is ONLY on the deed. We had an uncontested divorced with no settlement. We both re-married. He is with his 2nd wife of 10 yrs. with 1 child and they are currently living in the house. Who is legally entitled to the house when he is deceased?

Attorney Answers

3
Andrew Timothy ShillingDivorce / Separation LawyerChesapeake, VA ·
This is certainly an unusual set of facts. Are you stating that both names are on the deed but only his name is on the mortgage? Or is your name the only name on the deed? If the latter is true the house is yours. If the former is true then the two of you own the house as tenants in common. When you were married you owned the property as tenants in entirety, a special way of owning property that only applies to married persons. A divorce a vinculo, an absolute divorce destroying the unity of husband and wife that is essential to the existence of the tenancy, will convert an estate by the entirety into a tenancy in common.   The divorced spouses become equal cotenants․ Each spouse is entitled to an undivided one-half interest in the property․ So you own one-half of the house, even though he is paying the mortgage. Upon his death, you would still own one-half of the house. You can file a partition suit right away to get him to pay you your one-half interest at any time.
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Bill Whittaker ·
If the house is in your name the property is yours. You are legally entitled to it NOW.
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Andrea Morelos ·
The prior answers are correct so you should consult with an attorney ASAP to discuss your next course of action on how to properly go about taking possession back of the property. As one attorney said, it is certainly an odd set of circumstances, as to how he and even a whole new family are living in a home neither of them have any ownership rights to, not only because of the title issue because you are representing that there was no settlement in the divorce (because FYI even if only your name is on the deed, there was certainly a possibility under a claim called Equitable Distribution, that if either party had filed it PRIOR to the divorce, depending on the facts and other legal arguments or an actual agreement of the parties, the house that's only in your name could in fact have gone to him). But if you are definitely saying that didn't happen, it is odd that he and/or you thought he still got the house. Must be you didn't have lawyers or he otherwise put undue influence on your or even conned you into what was what during the divorce proceedings. I'm sorry either way that these are the current circumstances but go ahead and consult with a local attorney to Carpe Diem!
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