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My boyfriend and I are getting ready to buy a house together. Due to my credit being destroyed by a divorce, we are getting the mortgage in his name but the deed will be in both of our names. If something should happen to him, what are my legal rights to the house? Could I assume the mortgage? Can the mortgage company or his first-wife (mother of his children) force me out and claim the home as his estate for their children?

jenkin7 · Posted: Wed Jul 15, 2009 12:21 am Post subject:

Hi Helen,

If your name is on the property deed, you have a legal right to the house. If something happens to your boyfriend, you will be entitled to your own share of the property. However, his first wife may claim an interest in his share of the property. If you list yourself and your boyfriend as joint owners with the right of survivorship, you will get his share of the property after his death. As far as the loan is concerned, if you keep making the payments, your house will remain safe.

gmakerley · Posted: Wed Jul 15, 2009 10:16 am Post subject:

[/b]"you will be entitled to your own share of the property" if the joint owner dies? what? if title is joint, a survivor becomes the sole owner.

"his first wife may claim an interest in his share of the property." what? how in the world can this take place. there's no way, especially with this new house being purchased after he and his first wife are no longer together.

did we read the same questions, jenkin?

michelle · Posted: Wed Jul 15, 2009 12:04 pm Post subject:

Helen,

Thank you for posting your question here and contributing to the community. I am actually going to post my response as questions/responses directed to the above posters.

George - If he and his first wife are not divorced, depending on the state the property is in, is it not possible for the first wife (who really would be his wife) to try to obtain a portion of the property? This really would be a difficult question to answer knowing his current marital status and seeing the actual divorce decree as often there is a provision for assets to go to children. Couldn't that also be something his ex-wife could use to forge a legal battle again the property?

Jenkin - yes, if she continues to make the payments more than likely the house will be safe, but any mortgage taken is written to the person signing it. If she does not go on the mortgage, only the deed, and the leienholder should happen to discover the mortgagee(her boyrfriend) is deceased, they may demand full payment at that time. They may be willing to allow her to assume the loan but she would need to qualify. It is not guaranteed that she will be safe from this simply by making the payments.

I wish you the best of luck Helen and if you have any additional details please feel free to post them so we can have a clearer idea of your boyfriend's actual marital status.

gmakerley · Posted: Wed Jul 15, 2009 12:23 pm Post subject:

hi michelle - based on the initial question, i took it for granted that he's divorced. if not, then that raises all the new questions, of course. my original thought, of course, is that all issues that had to do with that marriage had been already ironed out in the divorce decree and that future dealings were just that - future - and therefore not relevant to the prior marriage.

but i would certainly hope that if helen is planning to purchase a home with her boyfriend, that he would not be encumbered by an existing spouse. things are crazy enough without adding unnecessary complications like that.

thanks for the sanity, michelle. it's a much needed commodity on these fori (is that the proper plural for forum?).

Guest

Thanks to everyone for responding. In answer to your questions, yes he is divorced. He has actually been married twice. He has 2 sons with his first wife (ages 12 & 17) and 1 son with his second wife (age 2). For the first divorce, there were no special conditions in regards to his death or his children. It was "assumed" that whoever he married in the future (or his parents if he was not married) would use his life insurance policy to provide for them. With the 2nd wife, as a part of the divorce he is required to carry a $150K life insurance policy with his ex as the beneficiary which would be held in trust for their son. Other than that, there are no special stipulations where the children are concerned. thanks!

gmakerley · Posted: Wed Jul 22, 2009 7:55 am Post subject:

thanks for the clarity helen.

the "assumption" that future wives would use a life insurance policy to provide for his children is a little presumptuous, i think. had he never remarried, what would their plan have been? and, of course, with his second marriage come and gone, just how many people are expecting to be taken care of from insurance proceeds?

i don't imagine you have to worry about much as far as this new home is concerned. as joint tenants (assuming that it's with survivorship), you are each protected insofar as continuing to own the home after the demise of the other.

to your specific question about someone making a claim in the future - human nature being what it is, we cannot count on nothing happening. we hope that we can count on nobody being obstinate enough to try to horn in on a home that you and he are purchasing together. we dare not rule out anything, however. nevertheless, my belief is that you're safe.

Guest

If i signed the mortgage but not the loan and i am not on the deed, am i financiallyresponsible but have no rights to the property?

gmakerley · Posted: Thu Aug 06, 2009 7:00 am Post subject:

if you are not a borrower and not an owner, why oh why would you have signed anything at all? what you claim here doesn't really make a lot of sense, dianne. did you really sign anything?

Guest

my name is on the deed but not the mortgage what does that mean to me legally.
we are arguing about it and she wants me to sign my half of the house back to her. can she force me to do this?
i have made a few payments on the house but mainly i buy the food and pay the house hold bills

jameshogg · Posted: Wed Jun 30, 2010 10:51 pm Post subject:

Hi denice,

As your name is not on the mortgage docs, you are not personally liable for the mortgage payments. However, as your name is on the property deed, you are the legal owner of the property. Your partner cannot force you to sign the deed and add her name to the property deed.

Thanks

gmakerley · Posted: Fri Jul 02, 2010 11:32 am Post subject:

Well, Denice...do you two own the property jointly? That would appear likely, as your partner wouldn't be able to obtain the mortgage by herself without ownership in the home. James is correct, in that you cannot be forced to transfer your ownership interest in the property, although this could result in an ugly court situation if she chose to go that route.

Your best bet (both of you) is to try to work this out amicably.

Guest

MY HUSBAND AND I ARE SEPERATED THE LOAN IS IN HIS NAME BUT THE DEED IS IN BOTH OUR NAMES THE CHILDREN LIVE WITH ME. WHAT LEGAL RIGHTS DO I HAVE TO THE HOME WITH MY NAME NOT BEING ON THE LOAN CAN HE PUT US OUT OF THE HOME?

sara · Posted: Thu Aug 05, 2010 2:53 am Post subject:

Hi MARCELLA,

As your name is mentioned in the property deed, you are one of the owners of the property. Though your name is not on the loan, your husband won't be able to force you to leave the property.

Take care.

Guest

My husband had this property before we got married. Now he wanted to add my name on the deed. But because of the lien covenant attached to it, that prevents him from doing so. As stipulated in the contract, he couldn't transfer it to anyone by any means without the permission of the first party. What would be my legal right as legal wife, that would protect me in the process of not being thrown out of this property by the first party if in the future my husband passed away? Can this type of contract be worth pursuing for in court?

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