no will, ex name on mortgage

My boyfriend and I live in his
house. His ex-wife (2nd)
abandoned the two children, they
live with us, age 7/11. He and
his first wife bought a house
(over 30 years ago),
divorced...they settled, he kept
house borrowed against it and paid
her her share. He remarried a few
years later, refinanced house her
name is on Mortgage/loan. They
have been divorced for over 8
years....divorce granted him the
house/property. Problem? He
still does not have a will, keeps
putting it off...in the event of
his death, would she have any
legal right to the house/property
since her name is on the mortgage?
House/property value/ appraised
at $85,000...loan balance only
8,500.00. He cannot get her name
removed unless he gets it
refinanced, but his credit
(because of divorces) is
bad...although the house note has
always been paid on time....tax
liens included on bad credit
report. He also has a 36 and 29
year old son.... we have not
married but have lived ogether for
two years, everything in the house
from furniture to telephones, wall
hangings to rugs, everything I
brought to the house. HE has no
will, so in the event of his
death....QUESTIONS:
1. Does his ex-wife have right to
home, just because her name is on
mortgage?

2. Will I have any rights to the
home/property (common law
Mississippi??)? he states he wants
me to have the home/property and
divide other assets as I see fit
(vehicles, race car, tools, etc.)

3. With no will, who will get
what? Minor children social
security? How would property be
divided? (if probate gets it)

4. Will I be (or who would be
responsibl;e for Tax liens (income
tax)....

Thank you very much....I stress to
him the importance of getting
burial arrangements, life
insurance, will together....he is
56 years old....good health, bad
habits....= risk for heart
attack/death....he says "I will,
but hasn't...stating "nothing is
going to hapen to me...

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by common law wife or ex?:

My boyfriend and I live in his
house. His ex-wife (2nd)
abandoned the two children, they
live with us, age 7/11. He and
his first wife bought a house
(over 30 years ago),
divorced...they settled, he kept
house borrowed against it and paid
her her share. He remarried a few
years later, refinanced house her
name is on Mortgage/loan. They
have been divorced for over 8
years....divorce granted him the
house/property. Problem? He
still does not have a will, keeps
putting it off...in the event of
his death, would she have any
legal right to the house/property
since her name is on the mortgage?
House/property value/ appraised
at $85,000...loan balance only
8,500.00. He cannot get her name
removed unless he gets it
refinanced, but his credit
(because of divorces) is
bad...although the house note has
always been paid on time....tax
liens included on bad credit
report. He also has a 36 and 29
year old son.... we have not
married but have lived ogether for
two years, everything in the house
from furniture to telephones, wall
hangings to rugs, everything I
brought to the house. HE has no
will, so in the event of his
death....QUESTIONS:
1. Does his ex-wife have right to
home, just because her name is on
mortgage?

****HomeGuru: ex-wifes name is not supposed to be on the mortgage. If the divorce decree stated that he was to get the home, he should have refinanced and taken her off of the mortgage. She may have some claims such as loss of credt and borrowing power because her name is still on the mortgage therefore a liability.
***************************************

2. Will I have any rights to the
home/property (common law
Mississippi??)? he states he wants
me to have the home/property and
divide other assets as I see fit
(vehicles, race car, tools, etc.)
****HomeGuru: you need to check with State laws regarding common law and estate laws.
*************************************

3. With no will, who will get
what? Minor children social
security? How would property be
divided? (if probate gets it)
****HomeGuru: see response above. In addition, with or without a will, count on Probate. Where there's a will, there's a way.
**********************************

4. Will I be (or who would be
responsibl;e for Tax liens (income
tax)....
****HomeGuru: his estate would be responsible for all liabilities including tax liens. The more liabilities there are, the less the beneficiaries get.

*********************************
Thank you very much....I stress to
him the importance of getting
burial arrangements, life
insurance, will together....he is
56 years old....good health, bad
habits....= risk for heart
attack/death....he says "I will,
but hasn't...stating "nothing is
going to hapen to me...
<HR></BLOCKQUOTE>

HomeGuru: that's what they all say, then It's too late, baby, now it's too late.....

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by common law wife or ex?:

My boyfriend and I live in his
house. His ex-wife (2nd)
abandoned the two children, they
live with us, age 7/11. He and
his first wife bought a house
(over 30 years ago),
divorced...they settled, he kept
house borrowed against it and paid
her her share. He remarried a few
years later, refinanced house her
name is on Mortgage/loan. They
have been divorced for over 8
years....divorce granted him the
house/property. Problem? He
still does not have a will, keeps
putting it off...in the event of
his death, would she have any
legal right to the house/property
since her name is on the mortgage?
House/property value/ appraised
at $85,000...loan balance only
8,500.00. He cannot get her name
removed unless he gets it
refinanced, but his credit
(because of divorces) is
bad...although the house note has
always been paid on time....tax
liens included on bad credit
report. He also has a 36 and 29
year old son.... we have not
married but have lived ogether for
two years, everything in the house
from furniture to telephones, wall
hangings to rugs, everything I
brought to the house. HE has no
will, so in the event of his
death....QUESTIONS:
1. Does his ex-wife have right to
home, just because her name is on
mortgage?

2. Will I have any rights to the
home/property (common law
Mississippi??)? he states he wants
me to have the home/property and
divide other assets as I see fit
(vehicles, race car, tools, etc.)

3. With no will, who will get
what? Minor children social
security? How would property be
divided? (if probate gets it)

4. Will I be (or who would be
responsibl;e for Tax liens (income
tax)....

Thank you very much....I stress to
him the importance of getting
burial arrangements, life
insurance, will together....he is
56 years old....good health, bad
habits....= risk for heart
attack/death....he says "I will,
but hasn't...stating "nothing is
going to hapen to me...
<HR></BLOCKQUOTE>

Can someone help me on this....answers

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by common law wife or ex?:

My boyfriend and I live in his
house. His ex-wife (2nd)
abandoned the two children, they
live with us, age 7/11. He and
his first wife bought a house
(over 30 years ago),
divorced...they settled, he kept
house borrowed against it and paid
her her share. He remarried a few
years later, refinanced house her
name is on Mortgage/loan. They
have been divorced for over 8
years....divorce granted him the
house/property. Problem? He
still does not have a will, keeps
putting it off...in the event of
his death, would she have any
legal right to the house/property
since her name is on the mortgage?
House/property value/ appraised
at $85,000...loan balance only
8,500.00. He cannot get her name
removed unless he gets it
refinanced, but his credit
(because of divorces) is
bad...although the house note has
always been paid on time....tax
liens included on bad credit
report. He also has a 36 and 29
year old son.... we have not
married but have lived ogether for
two years, everything in the house
from furniture to telephones, wall
hangings to rugs, everything I
brought to the house. HE has no
will, so in the event of his
death....QUESTIONS:
1. Does his ex-wife have right to
home, just because her name is on
mortgage?

2. Will I have any rights to the
home/property (common law
Mississippi??)? he states he wants
me to have the home/property and
divide other assets as I see fit
(vehicles, race car, tools, etc.)

3. With no will, who will get
what? Minor children social
security? How would property be
divided? (if probate gets it)

4. Will I be (or who would be
responsibl;e for Tax liens (income
tax)....

Thank you very much....I stress to
him the importance of getting
burial arrangements, life
insurance, will together....he is
56 years old....good health, bad
habits....= risk for heart
attack/death....he says "I will,
but hasn't...stating "nothing is
going to hapen to me...
<HR></BLOCKQUOTE>

Can someone help me on this....answers