Q: Mortgage is in my name and dad's.NOT wife's. Getting separated. What rights does she have and my dad as far as the hou
She has 2 prior bankruptcies without my name. We are currently in chapter 13. My dad won't sign anything over to her. I want to keep house
A: Whose name the mortgage is in is not any indication of ownership, but it is of debt. The ownership of the house is in the deed, however, even if a spouse is not on the deed, under Domestic Relations law a spouse may be entitled to ownership rights as marital property if purchased during the marriage. You need to speak to an attorney to discuss the details of this issue.
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