Name still on Deed of property

[Shauna Turner]

My ex husband died last year and my name is still on the deed to the property we shared. THe divorce says he gets the property but nothing else was ever signed on the property. We have a living son and no one else. His mother is trying to get me off the deed. Can she actually do this and be successful.

[Jon Holdman]

The divorce decree actually says the property is his, right? So, the two of you should have done a new deed as part of the divorce. Typically that would have said "He and she, grantor" and "He, grantee". That would have given ownership solely to him.

In most cases, the default handling of an estate is that it goes to the spouse and children. If there's a will, the will would override the default handling. If your husband didn't remarry, the property should have gone to your son.

Who is "his mother"? You should have been off the deed after the divorce was final. I'm not sure why you're concerned at this point. Yes, based on what you wrote, your name can legitimately be removed from the deed, as it should have been done some time in the past. If you believe you are being treated unfairly by this action, you will need to consult with a lawyer who can review the situation with you and give you an assessment of you situation.