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Explanation of Legal terminology regarding property distribution

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siedpup

Junior Member
What is the name of your state (only U.S. law)? TN

I was divorced several years ago and just found out today, when my ex-husband died, that the mortgage for his house was never refinanced. I did not have an attorney when we divorced but was assured this would be completed. I signed the quitclaim deed before the divorce was final and moved on.

My paperwork says specifically: "It is anticipated that the Respondent will quitclaim the residence to Plaintiff and that the issue will be settled prior to the entry of the final decree. After the quitclaim is executed, the Plaintiff anticipates there to be no remaining substantial marital debt."

Does this translate into he should have refinanced or does this just mean I had to sign over the house. It is important and I have no interest in paying a mortgage for the house he left to his current wife.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? TN

I was divorced several years ago and just found out today, when my ex-husband died, that the mortgage for his house was never refinanced. I did not have an attorney when we divorced but was assured this would be completed. I signed the quitclaim deed before the divorce was final and moved on.

My paperwork says specifically: "It is anticipated that the Respondent will quitclaim the residence to Plaintiff and that the issue will be settled prior to the entry of the final decree. After the quitclaim is executed, the Plaintiff anticipates there to be no remaining substantial marital debt."

Does this translate into he should have refinanced or does this just mean I had to sign over the house. It is important and I have no interest in paying a mortgage for the house he left to his current wife.
It doesn't say that he had to refinance. You signed over your property interest. However, if you were on the mortgage, then the bank could hold you liable for it. Who wrote the paperwork?
 
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