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Nia

Property after Divorce

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My husband and I divorced , he got the house. After the Divorce He got mentally ill and now in a nursing home he has dementia. I have been living in the home and paying the mortgage and doing upgrades. He did not refinance the home so my name is still on the mortgage what rights do I have . I have been told that I can purchase the home. My daughter is Guardian of the Estates and I am his Guardian of person.

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3 hours ago, Nia said:

My husband and I divorced , he got the house. . . .  He did not refinance the home so my name is still on the mortgage

 

While it's useful to know that your name is still on the mortgage, it would be better to know whether your name is also on title.

 

 

3 hours ago, Nia said:

I have been told that I can purchase the home.

 

Told by whom?

 

 

3 hours ago, Nia said:

what rights do I have

 

Like everyone else, you have dozens of legal rights, and it would serve no useful purpose to try and list all of them.

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Hi @Nia

 

Welcome to the community and thanks for posting! It would be helpful to know if the divorce is finalized, what the divorce judgment specifically says about the house, and the current form of title.

 

Regarding buying the house from your husband, you may want to speak with an attorney about moving forward so it does not appear that you are in any way taking advantage of your ex-husband's mental illness to obtain the house.

 

Best of luck!

The FindLaw.com Team

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1 hour ago, Nia said:

The house is titled to my husband

 

Your husband or your ex-husband?

 

If it's titled in your ex-husband's name and he is subject to a guardianship as a result of a dementia diagnosis, the situation is somewhat complicated.  You mentioned that you "have been living in the home and paying the mortgage and doing upgrades" and that your "daughter is Guardian of the Estate[]."  I assume you have been paying the mortgage and doing upgrades in lieu of paying rent.  That's probably fine, but your daughter needs to be sure that the payments you are making are comparable to the home's fair rental value.  Otherwise, she could be in breach of her fiduciary duty as guardian.

 

Whether or not you can legally buy the home depends on whether your daughter's powers as guardian of the estate include the power to sell real estate.  However, even if she has that power, she would have a conflict of interest in selling the house to you, so the safest thing for her to do would be for you and her to come to an agreement on the sale price and then for her to seek court approval of the sale.  At the very least, she should obtain an independent appraisal so that she has evidence that you are paying fair market value.  She should consult with a local guardianship attorney about this.

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Sorry he is my ex-husband. I am not sure if she if the guardian of estate include power to sell. I want to be fair in the sale price of the house. Would i get money back for all upgrade that I have done. Muy name is not eh bank loan as well, would that make a big difference.

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29 minutes ago, Nia said:

Would i get money back for all upgrade that I have done.

 

Unlikely.  As mentioned above, there is an issue (or potential issue) relating to your payment of the mortgage and the cost of upgrades in lieu of rent.  However, if we assume that the mortgage payments plus the value of upgrades exceeded the fair rental value, then it might not be unreasonable for the guardian of the estate to give you a discount against fair market value (which presumably increased the fair market value).  Again, though, this is something that probably ought to be presented to the court for approval.

 

 

29 minutes ago, Nia said:

Muy name is not eh bank loan as well, would that make a big difference.

 

Not at all.

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