IN MY DIVORCE MY ATTORNEY HAD ME REMOVE MY NAME OFF THE DEED ON A HOME WE PURCHASED. SAYING I WOULD NOT BE RESPONSIBLE FOR ANY DEBT OR REFINANCING . THERE WAS NOT MORTGAGE HOME WAS PAID OFF IN 2004 EX WANTED AN HOME EQUITY LOAN OF 25,000.00
THERE IS A WILL SHE HAD US SIGN THAT I'M A OWNER IF HE DIES I GET THE WHOLE HOUSE.
IN THE PROPERTY SETTLE AGREEMENT IT STATES I GET HALF OF THE SALE PRICE IF HE SELLS. AND THE WHOLE HOUSE IF HE DIES.
I LATER WAS TOLD BY SEVERAL ATTORNEYS THE REMOVAL OF MY NAME WAS NOT NECESSARY AND BAD ADVISE.
I CONTACTED MY ATTORNEY TO DRAW UP AN LEIN OR PUT MY NAME BACK ON FILE WITH THE COUNTY TO ATTACH THE AGREEMENT , WHICH SHE WANTED TO CHARGE ME 1,300.00.
I REFUSED TO PAY FOR SOMETHING THAT SHOULD HAVE OCCURRED BEFORE FINAL DIVORCE.

You don't need to waste your money. Your court order protects your interest.

You become the owner of the home if he dies.

If the house is sold, you get half of the selling price.

Your court order supersedes new wills or documents that should arise if he remarries, but it will not stop someone from challenging your court order.

By placing your name back on the deed, you become responsible for any debt on the home. He took out one home equity loan, what's to stop him from doing it again. If he defaults, you will be just as responsible for the debt.

What you should really be concerned about is a life insurance policy that would cover all of his debt should he die (credit cards, loans, hospitals, etc.)

Debt does not go away at death, especially if the deceased has property, money, stocks, bonds, etc. The company, person, or bank that he owes money to will place a lien against his estate to recoup their loss. Most hospitals and nursing homes have attorneys on retainer that will file a lien before the ink dries on his death certificate.

In an effort to prevent future problems, I would file the home court agreement in the county that the house is located in (the county that taxes the one house), if you think he might try to sale or change the name of the owner on the deed. Again, your court order supersedes any new wills or documents, but if he did try to transfer or sale the home to someone else, the county will note the court order and stop the transfer. Many state databases are not "connected", and the clerk is not going to take the time to look if he has the certified deed in hand.

I'm interested in know why other attorneys said it was bad to remove your name.

Elizabeth: I think the Lawyer was trying to protect you in the short term from refinancing/other financial issues related to the house which is why your name was removed. My ex tried to buy a house before the waiting period for the divorce to be final (on the court date). My Lawyer told me to have nothing to do with the purchase of the house so that I would not have to be financially responsible. He did buy a house later on his own without a credit check on me. I got the house in the divorce and the deed was put in my name by my Lawyer. Hope this helps.