Property deeds in divorce.

[Zigner]

How's this for technical accuracy...brother has no duty to get off deed and can insist on partition .

A rare ray of light through an otherwise clouded sky...

 

[Ohiogal]

It's not quite that simple. Basically what happened is that I told her that the house was mine and I thought it was since I am the only one on the mortgage, but I am not because the deed was not changed. Not sure how that happened but it is what it is. When she found out, there was a trust issue. Her main concern actually is that if i get hit by a bus, half my property apparently goes to my brother, whereas if the same happens to her, I get the whole thing. She says that is not fair.

And some of it is marital. Any equity that accrues during the marriage is partially marital ... Why? Because you are using your income (marital property) to pay the mortgage. Correct? So therefore, it is not completely separate property. And the only way the whole property goes to you is if she doesn't leave a will and she has no children from another relationship and you are still married.

 

[HRZ]

OP you have failed to address how the home with your brother is titled...TIC. Or JWROS and that is a big factor in what goes where IF somebody passes....and well as other options .