Q: If I havent lived at a Residence for 2 years but my name is still on the mortgage, is it still my house?
Had a joint mortgage with my exwife, she bought me out but never refinanced so my name is still on the mortgage. Is it still just as much my house as it is her house after 2 years? Can I legally go into the house because its still my house? Or because I havent lived there in 2 years its no longer considered my home? There was no quit claim deed signed.
A:
The mortgage (in colloquy) merely says who pays, and doesn't provide any ownership interest.
Whether or not you can legally go into the house is the wrong question (no, you probably cannot). The correct question is, "should I go into the house?" and the answer is "You should not enter the property without permission."
Regarding ownership, there's simply not enough information to tell you. The first place to start would be to review the divorce decree. Regarding the mortgage, you should not be surprised if you have an obligation to the mortgage company until or unless you get a release from the mortgage company. Or if your ex-wife refinances.
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