My husband and deceased mom's name are on the mortgage and deed. Not mine. I'm named in her will and living trust to receive her part of the home. It's listed as tenants in common. He also had it recorded as 95% his and only 5% hers. We did not know he did this. How can I remove her name and add my name to the deed before I get a divorce later this year ?? With it being only 5% I would inherit, will I have I right to the home during the divorce. I want to buy him out, I have a in home daycare and I would lose my business if I move. I also want anything and everything I can get from him. What documents or information do I need? I been collecting his check stubs , bank statements, car registration. What else do I need?? We have no accounts together.
Posting every 15 minutes won't give the comprehensive big picture that you need. To transfer title on real property you need probate of the deceased mother in law's estate. Since it interfaces with your upcoming divorce, a lawyer really will help protect your separate and community interests. E.g. property inherited is separate not community property (with exceptions.)
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
You need a family law lawyer and, potentially, a trust or estate lawyer to clear title to the house. This is *not* a DIY project under the facts you mention. The sooner you retain counsel the better. The longer you wait, the more expensive it is likely to be and the less certain the results. Good luck.
Richard Forrest Gould-SaltmanFamily Law AttorneyLos Angeles, CA ·
You need to sit down with an experienced family law attorney and review ALL the facts. This is NOT a set of questions that you will get a useful and complete answer for from an on-line forum, and if the value of half a house, possibly tens of thousands of dollars, may be in dispute, it's a BAD idea to try and do this yourself.
I agree with my colleagues, you must consult with an attorney on this and bring all documentation pertaining to the house and will/trust with you. Use the find a lawyer section above. There are many great attorneys on here, some will even give you a free consultation if you have limited funds.
