Prairieville, LA asked in Real Estate Law for Louisiana

Q: In our divorce papers my ex husband gave the title of the house to me, but i did not assume the mortgage. Who owns it?

We did not use attorneys and we did not do any type of deed. I want to buy a new house and have him sell this one. We got the house before we were married and i was not on the loan or house paperwork.

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2 Lawyer Answers
Vincent Gallo
Vincent Gallo
Answered

A: Until your husband executes a deed to the property and conveys title to the house to you, nothing changed as to ownership of the house.

Ben F Meek III
Ben F Meek III
Answered

A: Attorney Gallo is right. Your husband holds title to the property. You'll need to have him deed it to you. Or, depending on the language of the divorce decree, you might be able to record the decree in lieu of a deed. The property will still be subject to the mortgage, which will have be paid before any sale (or paid from the sale proceeds). Consult an experienced real estate or divorce lawyer near you.

P. S.: My comments here are for general information only and are not legal advice about your specific situation. Nor do my comments establish an attorney-client relationship between us.

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