Posted on Wed, Nov. 11, 2009
Dear Harry: I never discussed money matters with my boyfriend before I got married four years ago. I moved into a house that he owned, and did not find out until recently that he had financial trouble. He has been paying his mortgage every month to a collection agency and he has credit-card problems, as well. When the mortgage bill comes, it comes with his ex-wife's name as well as his. I would like to know where I stand regarding this house if he should die before me. If I don't have any rights, what can I do to get my name on the house deed?
What Harry says: Your first step has to be a long discussion of finances. You must set up a plan to indicate just what happens to the money that is earned. You might want to have separate credit cards and bank accounts until he gets himself straightened out. As to the house, the divorce settlement determines the subsequent ownership rights. If nothing was stated, he and his ex own it jointly, half and half. That means that she still has the right to half its value. It may be that the settlement provided for him to have full ownership. If her name is still on the mortgage, it probably indicates that the mortgage company would not let her off the hook regardless of the title. If he owns it alone, he can easily get you on the title. If it's half and half, he can give you only a share of his half. Any lawyer or real-estate broker can get the title changed.
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