I can understand why you feel that way. Is he able to change the deed? In my state, it doesn't get changed until it's paid off.

My late first DH'S name is still on the the county records but will not affect anything for now DH. My name is the only one on the mortgage. My state has survivorship laws and we have wills.

On the flip side, it still bothers me that now DH'S name is on his former mortgage with no equity and a BM that almost went into foreclosure.

But, he can't change that and I can't change the deed until the house is paid off. Just make sure you are covered.

It would be much easier (if something happened to him) to have your name on the deed instead of just willed to you.

He should just need his late wife's death certificate to get her name off and a person can add anybody, married or not.

Laws vary. In some places it matters. In others it does not. It won't matter until you sell the house. If DH were to die before the first wife's name is removed you probably would have more paperwork to do than if it were just his.

Here it would matter. When my first husband died I filed the paperwork with the state. Sold my house later with no problem.
My friend's husband died. She didn't file any paperwork. Ten years later she had to file before she sold the house. She couldn't sell until the paperwork was done.
It was a real pain doing it ten years later.

Check with the clerk of the office where the deeds are filed in your city. Or check with the clerk of the appropriate probate court. Here they are very helpful in telling you what needs to be done after someone has died. It's usually just paperwork that you can do yourself. Or you can hire a lawyer to do it for a nominal fee.

How did you refinance and get on the mortgage without being on the deed? We recently refinanced and my DH was not on the deed. He had to be on the deed before the mortgage company would let him be on the mortgage. We took care of it with a "quit claim deed" at closing. Is there any possibility you did that and the info did not get to the county?

The house is not equally yours until your name is on the deed. Right now you are responsible for a mortgage on a house that is not yours.

I would start with the county and make sure they just didn't get the deed recorded. Then check with the company that handled the closing on the refinance. They should have made sure you were on the deed.

Yes, it sounds very much like you could be responsible for a mortgage on a house you don't own. Whether the ex's estate has any interest in the house depends on how the house was held per the deed. (FYI, vehicles are owned by titles; real property is owned by deed.)You need to see a lawyer about this ASAP. Laws vary by state and you should not take advice from anyone who's not an attorney licensed in your state. In fact, I am an attorney (22 years now) & would never tell you how this likely would play out in your state. Where I'm licensed, spouses usually hold property as Joint Tenants with Right of Survivorship, so when one spouse passes, their interest goes to their spouse automatically, regardless of any will. If this is how the law operates in n your state, even though the house is still deeded in your DH & the ex's name, it belongs solely to your DH.

My big fear is that you say you have no ownership interest but have signed on the mortgage. While a will properly written could protect you, wills can be changed any time up to the moment before death. How awful would it be if something happened to your DH & he had changed his will to leave the house to the SKs & you had nothing, yet were legally responsible for paying for it! My mom's boyfriend tried to tell her he'd basically left his house to her by putting her as the beneficiary of life insurance he had on the mortgage. I hated having to tell her how worthless that was in terms of ownership of his house, which would have gone to his daughter, paid off with funds from the mortgage insurance. They ultimately married & he finally deeded the house with her having a life estate & the remainder to his daughter, so now, if he passes, the house is my mom's for her life. My mom's DH obviously wanted to leave his house to his daughter & was giving my mom a line of bull & thankfully, I am licensed in their state & was fully able to advise my mother. I'll say one last time & get off my soapbox, please see a lawyer licensed in your state to find out where you stand so you don't get caught with any unfortunate surprises.

Yes, it sounds very much like you could be responsible for a mortgage on a house you don't own. Whether the ex's estate has any interest in the house depends on how the house was held per the deed. (FYI, vehicles are owned by titles; real property is owned by deed.)You need to see a lawyer about this ASAP. Laws vary by state and you should not take advice from anyone who's not an attorney licensed in your state. In fact, I am an attorney (22 years now) & would never tell you how this likely would play out in your state. Where I'm licensed, spouses usually hold property as Joint Tenants with Right of Survivorship, so when one spouse passes, their interest goes to their spouse automatically, regardless of any will. If this is how the law operates in n your state, even though the house is still deeded in your DH & the ex's name, it belongs solely to your DH.

My big fear is that you say you have no ownership interest but have signed on the mortgage. While a will properly written could protect you, wills can be changed any time up to the moment before death. How awful would it be if something happened to your DH & he had changed his will to leave the house to the SKs & you had nothing, yet were legally responsible for paying for it! My mom's boyfriend tried to tell her he'd basically left his house to her by putting her as the beneficiary of life insurance he had on the mortgage. I hated having to tell her how worthless that was in terms of ownership of his house, which would have gone to his daughter, paid off with funds from the mortgage insurance. They ultimately married & he finally deeded the house with her having a life estate & the remainder to his daughter, so now, if he passes, the house is my mom's for her life. My mom's DH obviously wanted to leave his house to his daughter & was giving my mom a line of bull & thankfully, I am licensed in their state & was fully able to advise my mother. I'll say one last time & get off my soapbox, please see a lawyer licensed in your state to find out where you stand so you don't get caught with any unfortunate surprises.