Q: My spouse and I divorced in 2011, and reconciled a year later. We have been co-habitating since.
A quit claim deed was never signed/filed, so we are both still listed on the deed. The mortgage is in his name only. What rights do I have as a joint owner, but non-mortgage holder to remain in the home? We have joint custody of the children, even though he has agreed to allow me to be primary custodian. As such, I wish to remain in the family home with the children.
A: If you are not on the deed and are. It married then you are likely not a co-owner and likely have no rights to the property. I suggest that you consult with a real estate attorney in your area to have him or her review the deed in the property to verify the way title is held.
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