Q: My wife and I are separating. We refinance our house last October 2021. I signed even though her name is on the mortgage
We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on the mortgage? I found a lady bird deed in 2019 with my name. What impact does it have on me? I have not told her that I will be filing for divorce once I move. I want to be civil about this
A: A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both parties in the event of a divorce. A real estate attorney will also need to see how current title is held. Is it by the entireties, jwrs, or tenants in common. This will also impact how title can be conveyed. See more at www.provenresource.com
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