Q: My ex husband is in foreclose on a property that I am on the deed for. Do I have any legal interest in the property?
The property has been in foreclosure since 2016 (also the time our marriage was dissolved). He remarried on 11/30/2019, will his new wife acquire the property if I am on the deed?
A:
If your name is still on the deed you have an interest in the property and should be named as a Defendant in the foreclosure proceeding, since the purpose of a foreclosure is to foreclose on the interest of any title holders or lienholders on the property. The bigger question for you may be whether or not you had signed the mortgage note agreeing to pay the amount borrowed under the mortgage. Although the final judgment dissolving marriage may have made this your former husband's responsibility, it did not remove your liability under that note.
Your former husband remarrying does not automatically put his new wife's name on the title, although by the act of getting married she now also has an equitable interest in the property. Unless the final judgment dissolving marriage removed you as a title holder to the property, you would have had to sign a deed in front of witnesses and a notary to have your name removed from the title.
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