what rights for wife when home is brought in husbands name

jenkin7 · Posted: Tue May 05, 2009 1:42 am Post subject:

Hi ywlo,

You mean your name is neither on the existing mortgage nor on the deed to the property and you, along with your husband, want to refinance the existing loan in both of your names. Right? Well, there should not be any disadvantages to it. However, if your name is not on the title and you want yourself to be added to the loan through refinance, the lender might require you to be on the title.

Guest

Hi, my husband and I live in Az, which is a community property state. My husband just bought a house in MS. The house is only titled in his name but then beside that area it asks"How will title be held" and the bank put"Husband and Wife as Joint Tenants". My question is: Do I , as the wife, have any legal rights to the house? Can I request that he give me a key to the property? Do I have just as much right as he does to occupy the house? Thank you for any info. you can give me in regards to this matter.

Guest

Sorry i posted that question here instead of hitting the "ask question" button. This is my first time on a forum like this

jerry · Posted: Thu Jun 04, 2009 3:01 am Post subject:

Hi Flyingangel,

Welcome to the forum.

It's absolutely ok. There is nothing to be sorry about. First time users often do that. It's not a problem. Smile

You are listed on the title as a joint tenant. You have an equal right to the property. Under the joint tenancy form of ownership, you and your husband share an undivided interest in the entire property. Thus, you have a legal right to occupy the property and you can ask your husband to give you a key to the house.

Thanks,

Jerry

Guest

Thanks for responding so quickly... I wanted to make sure I explained the situation correctly and to see if you thought I should go see an attorney here (in AZ)where we live or (in MS)where the house is located. On the paperwork it has 2boxes pertaining to the title. #1.Title will be held in what name_______(the bank filled in my husbands name ONLY) #2.Manner is which title will be held_____(Bank filled in : Husband and Wife as Joint Tenants). No where on the paperwork does it actually mention MY name. We have been married for 28years. He purchased this home without telling me-just found out due to copies of paperwork was sent to our AZ home. Yes, divorce may be in the near future. But I was wondering first if I had any legal right to go to that house and also request he give me MY key. I know at this point he will not be cooperative. Would I be trespassing since the title only shows his name? I know you said I could but I wanted to make sure I explained how it doesn't actually have my name written anywhere on the forms, only the mention of The husband and wife as joint tenants. Thanks again. I am so upset that he would do something like this but if I have rights to the house I would like to use them. We have family there and go back and forth every month. Thanks.

savior70 · Posted: Sat Jun 06, 2009 3:41 am Post subject:

Hi

Your name may not be on the title, but it's clearly mentioned in the title that the property is owned by husband and wife as joint tenants. Since you are not divorced yet, you are his legal wife and thus, have an interest in the property. You even have the right to claim your interest in the property when he sells the house in future. Seeking a consultation with a lawyer in this regard is obviously a good decision. Since the property is located in MS and is subject to the laws of MS, you ought to consult a lawyer who is well-aware of the real estate laws as applicable in the state of Mississippi.

Guest

MY HUSBAND BROUGHT THE PROPERTY WE LIVE IN BEFORE I MARRIED HIM IF ANYTHING HAPPENS TO HIM DOES IT MEAN I LOOSE THE HOUSE AND IT GOES TO HIS SISTERS.OR AM I ENTITLED TO THE HOUSE MY NAME IS NOT ON THE DEEDS AND THE HOUSE IS PAYED FOR THANKYOU

jerry · Posted: Tue Jul 07, 2009 5:52 am Post subject:

Hi ANNE,

Are you in a community property state? If your husband bought the property from his own funds before you married him, it will not be considered as a community property. In that case, when your husband dies without a will, the property will be distributed according to the laws of intestacy. You can ask your husband to either will the property in your name or add you to the property deed, to make sure you get it after his death.

Thanks,

Jerry

Guest

I have a home I'm refinancing. FHA loan. I just got married while I'm in the process of refinancing. The closer says my wife has to sign the mortgage but not the note and she has to sign to "relinquish her homestead". Is any of this going to give her rights to my property in the future in case of divorce? We have separate finances. We're in Florida. Thanks. She has her own house. Can we homestead two homes being married?

Guest

My wife and I signed the Mortgage paper work however my wife never signed the Adjustable Rate Note,it carries only my signature.
The property is held as Tenants by Entireties.
Can the lender foreclose the property?

savior70 · Posted: Mon Sep 14, 2009 4:27 am Post subject:

To mikey,

If your wife signs the mortgage documents, it doesn't give her ownership rights to the property. Being on the mortgage does not entitle her to a right to the house. As long as she's not on the property title, she cannot claim an interest in the property.

To Ben,

Your lender cannot foreclose on your house just because your wife did not sign on the mortgage note. It's not necessary for your wife to sign on the note. If she does not want to be responsible for the loan, she can opt to not sign on the note. However, since you're on the mortgage note, you're responsible to repay it. If you default on the loan and cannot make the payments, the lender can surely foreclose on your house.

gmakerley · Posted: Mon Sep 14, 2009 11:59 am Post subject:

ben, you can see your answer from Savior 70 above.

however, i have a question - what documentation did she sign? should she have signed it, or did you desire that you'd be the only borrower on this loan?

as for foreclosure, i read it differently than savior did. if she is not obligated on the loan, that has no impace on whether the bank can foreclose or not. if you neglect to make payments, they can foreclose...period. who signed what won't matter, as they have a mortgage on the premises that allows for the remedy of foreclosure.

Guest

There were originally 2 loans on our house, one for 30,000 and the other for 10,000. My husband decided to refinance the house in 2003. My husband found some company on the net out of Louisiana. I forget the name of the company but I may be able to find that in old paperwork. That also included paying off an 8000 credit card bill that I had been paying with CCCS.

Because of CCCS making all my credit card payments for me for a year or more, the loan company said my name couldn't be used on the loan application or on the loan (if I remember correctly on the latter) and I remember the woman said something to the effect of "I hope you understand". I had no choice so I signed it. My name is on the deed, though, and on the tax papers.

They drew up all the paperwork, then had a notary come over to the house and we signed papers. I sat there signing things for what seemed like an hour. But then the notary said I had to sign this particular document or piece of paper saying it was ok to take me off. Take me off what, I am now not sure. The loan application or the loan itself? If you are not on the loan application, then you're not on the loan, right?

She said that was because of CCCS and my credit wasn't good enough to get this particular loan.

The mortgage has been sold multiple times since 2003. The last one was Homecomings Financial which merged with GMAC and now the past two months it's just been GMAC and I log into GMAC to make the payments, not Homecomings Financial.

If Homecomings Financial would never speak to me unless they were talking to my husband on the phone first or the same with GMAC and GMAC sent paperwork, recently, for him to sign so that I could at least talk to them about the loan, then wouldn't that sorta prove that I wasn't on the loan?

There is now a divorce going on and it's just started. My attorney says my name is on the loan, even though I can't *see* my name on the loan. It should only be on the deed.

What are my rights and can a person's name be included on a mortgage without their prior knowledge?

My husband had planned on allowing the mortgage to default and let the mortgage company forclose. I'm really worried about this. Anything you can do to advise is very much appreciated. We live in Missouri.
Thanks!

Guest

hi when i met my husband he already has bought a house whith his mom,we got married and are now leaving in the main floor.my question is:if the house is not on my name do i still have rights for the house?we are almost married for ten years.

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