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what rights for wife when home is brought in husbands name

my husband and I purchased a home in florida his name only was on the mortgage thru FHA and no one ever explained this was how it is done in Florida. we were told my credit was not good. fha said I could not put my name on the deed. we just moved to florida and are not familiar with the laws and rights of a couple in purchasing property to live in. I would appreciate any help you can give I feel like I would lose all rights or say in any situatio. They were rude and said this had nothing to do with him signing the papers that we would have to see an attorney for a will. (we were at a lawyers office speaking with a parralegal) We purchased a new home. Not only has this caused hurt feelings and taken advantage off but is costing more money because now we need more money we do not have. No one seems to want to give us any answers. Please help
thank You Rose

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Rosaskee!

Welcome to forums!

I can understand how you must be feeling in this situation and hope you get out of it very soon. I can understand that your name is not on the mortgage because your credit was not good. But is your name on the property deed? If it is on the property deed, then you will have certain rights to the property. If your name is not on the deed, then you can ask your husband to quitclaim and add your name to the property.

You can also go in for Tenants By The Entirety in order to hold real and some personal property. In this process, the property is equally owned by both. In case one of the tenants die, the property reverts to the surviving spouse and is not subject to probate procedure. In case of Divorce, TBE is severed and is converted into Tenancy in Common.

Feel free to ask if you have further queries.

Sussane

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Rosaskee,

Tenants by Entirety is a very good option suggested by Sussane but you can also go in for a quitclaim deed and ask your husband to include your name in the property. If your name is not on the mortgage or on the deed, then you will have no rights to the property in any situation. It is better to include your name in property title either by a quitclaim deed or by the process of Tenants by Entirety.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I are refinancing. Both have excellent credit. Are there advantages/disadvantages to my name NOT on mortgage but ON DEED?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Gbarbiedoll,

If your name is not on the mortgage, then you will not be liable for paying the mortgage dues. If the property goes into foreclosure, your credit will not be affected as your name is not on the mortgage.

As your name is on the deed, you are one of the owners of the property. If the property is sold, then you will have the right to demand a certain amount from the sale proceeds.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my husband and his mother own home before we married i have been contributing to the morgage for 4 years,do i have any rights to sale of home and can he evict me

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi lisa

You haven't mentioned your state. If you live in a community property state, then you will have ownership rights to the property. Your husband will not be able to evict you from the property. If the property is sold, you will get your portion from the sale proceeds.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The husband is American and buys a house overseas, during marriage. The house is bought only on his name. Is his wife entitled to 50% of the house in case of divorce even if her name doesn't appear on the house contract?
In case of death, if the husband leaves the house to his daughter in his will, is the wife entitled to anything regarding the house? Thank you...

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Boella,

I don't think the wife would be entitled to anything of the house. The reason is her name is not on the title and as the property is located overseas, it is not subject to the laws of the United States. If he leaves the house to his daughter a will, she will receive it, not his wife, unless mentioned in the will.

Thanks,

Jerry

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genestoneybrook's picture
genestoneybrook | Joined: April 22, 2009 07:48 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

HI
We live in fla and my wife is on all the paperwork for our loan application for both our 1st and 2nd mortgage .
My name or signiture is nowhere on the loan paperwork If i call the lender they will not speak with me unless my wife speaks with them first to verify I am her husband.

I did search though County Clerks office and see a paper with heading (MTG) Mortgage .This 14 page document has my wifes named as borrower and my name listed to with ""AS TENANTS BY THE ENTIRETY"". I did initialed each paper and did sign last pages listed as borrower.

My question is if she decides to default on this loan or even walk away for the house .

DOES IT EFFECT MY CREDIT RATING TOO ?????? SINCE I AM LISTED AND SIGNED THIS PAPERWORK THAT IS RECORDED WITH THE COUNTY CLERKS OFFICE. I AM GUESSING THIS IS THE DEED RIGHT

I AWAIT YOUR GREAT ADVICE.

THANKS

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

If you signed the mortgage papers and the promissory note, you will be held responsible for the loan, in case your wife defaults. In that case, your credit score, along with her credit, will be negatively affected.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I only signed the morgage papers since I am tenants of the entirely.
I didnt sign the promissary note just my wife did.

So If I am correct my credit will be safe.
Please confirm

thanks

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

If you did not sign on the promissory note, you are not legally bound to pay off the debt. If your wife defaults, her credit score will be affected as she had signed the note. But your credit will be safe. You said you had signed the mortgage papers. But I believe you are not listed on the loan as a co-borrwer. Am I correct?

Thanks,

Jerry

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

Since you didn't sign the promissory note you are free from the obligation of repaying the mortgage. So, in case of a default or a foreclosure, your credit won't be damaged.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I are refinancing. Both have excellent credit. Are there advantages/disadvantages to my name NOT on mortgage and also Not on DEED?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 [url=http://www.mortgagefit.com/refinance.html]refinance[/url] 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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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. :)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

There were originally 2 loans on our house, one for 30,000 and the other for 10,000. My husband decided to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] 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!

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

live in NJ. 2nd marriage. I own home here (paid for myself and only my name on mortgage and deed). Married now for 5 years. Retiring and buying 2nd home in SC. Advantages and disadvantages to having my name on 2nd home deed and mortgage?? Husband is 15 years older than me. I don't want to risk in any way my home in NJ. Sign or not sign?? :?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi rabbit,

You are on the title as well as on the mortgage on the current property in NJ. If you have sufficient income to afford two mortgages, you can purchase the property in your own name and also have the new mortgage in your name. But if you are listed on the new mortgage loan, you will be solely responsible for it. In that case, if you default on the new mortgage in future, the lender may come after your house in NJ.

If you are not sure if you can afford the payments on both the mortgages, you can purchase the new house without being on the new loan. You can be on the title along with your husband. But if your husband can qualify for the new mortgage, he can be on the loan. If he is the only person on the new loan, he would be solely responsible for it. In case he defaults on the loan, the lender will not be able to come after you or your house in NJ.

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To girllo,

If your name is not on the title to the property, you do not have any legal rights to the house. Your name has to be on the property deed for you to be considered as an owner. Are you in a community property state? If you are, then you do have certain rights to the property.

To Annie,

If you did not sign on the mortgage note, you cannot be held responsible for the mortgage payments. Your name cannot be included on the mortgage without informing you. However, are you in a community property state? If you are, then it is possible that your name was included on the mortgage when your husband refinanced the loan. In case your name is on the loan and your husband lets the property be foreclosed, your credit will be negatively affected.

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tfaulhaber1's picture
tfaulhaber1 | Joined: December 17, 2009 12:24 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Advantage is not being liable. Disadvantage is you have no legal ownership.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I are getting a divorce and both our names are on the deed but when he refinanced a few years ago, he did it in his name only. He wants to leave and I can keep the house, but he wants his name off the mortgage but the mortgage co. says only if I can [url=http://www.mortgagefit.com/Mortgage-Basics/do-i-qualify-for-a-mortgage.h... for a mortgage[/url]. Don't I have a right to stay in the home and make the payments, even if I don't presently qualify for the mortgage... I have just done odd jobs the past 15 years, with raising my kids, but I can make the payment. We have been married for 25 years. In this home for 20 yrs.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Cindy,

Refinancing the existing mortgage in your name is the best possible way to remove your husband from the loan. Most of the lenders would want it this way. However, if the mortgage payments are made on time, I don't think the lender will have any problem. After all, the lender wants his mortgage to be paid off in full. So, as long as the mortgage is kept current, you should be able to stay in the home. You can also check out if the mortgage is assumable. Then you can simply assume the loan and continue making payments till the time you are able to refinance.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

cindy, i agree with jenkin7's assessment of the situation. keep paying, and even though your lender won't allow you to refinance (or assume, i presume), that should take care of things. don't bring up your separation or divorce to them again...just keep on making payments as always. the fewer red flags they see, the less they'll worry about it.

the only down side to this - your husband will be on the hook for that loan until it is paid off, and you won't get credit for having made the payments (i suppose you can live with that). keep your records so if you ever go looking for a new house and new mortgage you'll be able to document your payment habits over the years.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband inhertited his familys estate. He bought it from his brother and now owns the estate. He is not putting my name on the deed. I own a home, but he is asking me to sell it and then I would own NO property.
HELP!

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Anne,

[quote:542120648c]...He is not putting my name on the deed. I own a home, but he is asking me to sell it and then I would own NO property.[/quote:542120648c]

Is your husband listed on the title to the property you own? If he is not on the title, he does not have any right to force you sell your home. If you sell your own property, you will be left with no other property. Thus, I believe you should not sell your home unless of course you have the intention to do so.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My wife wants to refi a home in California (a community property state) she purchased before we were married. She wants to refinance without adding my name to the mortgage or the deed. Can a mortgage/title company do this? IF she can do this does it mean I have no rights to the property/can I be held to pay half the debt incurred in the event of divorce?

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To KLD,

The property your wife purchased is her separate property. She can refinance it without you having to sign on the new loan, provided she qualifies for it on her own. If she can refinance it on her own, the property as well as the debt will be in her name. However, if community funds are used to make payments towards the loan, you can claim certain ownership rights to the property upon divorce.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband purchase a house that we currently reside during our marriaged in allentown NJ. My name is not on the morgated or the deed. Can he kick me out?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

Is the property in a community property state? If it is a community property state and the house was purchased during the marriage, you have certain rights to the property. However, is your name on the property deed? If it is on the property deed, you cannot be forced out of your home till the time you willingly give up your property rights.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The house is in New Jersey a community property state. He purchased the house during our marriage and we live in it. My name is not on the deed or the mortgage. What I want to know is what is my legal right to the home. As I understand it the primary home when purchased in NJ is legallly owned by both spouses. Is this true?

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To Guest,

I believe you do have ownership rights to this property even though your name is not on the property deed. The property has been brought during marriage and it will be considered as a part of the community property unless you have signed an agreement or an interspousal grant deed and given up your ownership rights.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hi, my husband divorced me last year after moving out the year before. we live in north carolina. we have 5 children and I was a stay at home mom for over 10 years. we were married for 21 years. when he divorced me, I was still unemployed and caring for our school aged children. he does not live here, but lives in an apartment and has let the mortgage default on our home. we've faced foreclousure several times. my children and I will have to move, and pay rent (that i can hardly afford) elsewhere. my name is not on the mortgage, but on the deed. would the bank be interested in renting the house to me, even though my ex-husband doesnt want the home anymore? i just started a full time job. what are my chances?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi mhll,

If the mortgage dues are not paid on time, the lender will foreclose the property. It will depend upon the new owner whether or not he or she would rent the property to you.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi, my husband bought a house in NJ, we are married 10 years, but he did not put my name on the deed or the mortage. What rights do I have for staying in the house if he dies or we get divorced. NJ is not a community property state.

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jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jinnie,

As your name is not mentioned on the property deed, you won't be considered an owner of the property. Thus, you won't have any rights to stay in the property in case of divorce. If your husband is deceased, then you need to file an affidavit of heirship at the county recorder's office and get it transferred in your name.

Thanks

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Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband bought a home in TN. On the papers it has his name and a comma followed by the word married. Do I have any claim to this property?

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jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi rere,

If your name is not mentioned on the property deed, then you won't be considered as the owner of the property. If you want ownership rights to that property, then you should request your husband to sign a quit claim deed and add your name to the property title.

Thanks

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Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

NJ is not a Community Property State

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