QUESTION

i was married and we owned a house, we got a divorce, my husband brought me out, but he never got another mortgage or took my name off the deed,

Asked on Apr 04th, 2013 on Divorce - New Jersey
More details to this question:
he died and the house went into foreclosure, i was told that i am stilled entitled to half of the equity
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
It is my understanding that when you get divorced, its as if your spouse died before you.  However, if you bought the house together as husband and wife, and were legally married at the time of purchase, then the house is probably owned as joint tenants with right of survivorship.  That means that you may be entitled to the property upon his death, but if it is in foreclosure, I don't know if there is any equity.  If the house is currently in foreclosure, you would have to receive a copy of the complaint as the record owner, and will have the chance to file an answer to the complaint to find out more information. 
Answered on Apr 08th, 2013 at 8:04 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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