Posted on: 26th Oct, 2008 01:19 pm
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
thank You Rose
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.
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.
Advantage is not being liable. Disadvantage is you have no legal ownership.
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.
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.
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.
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.
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!
HELP!
Hi Anne,
"...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."
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.
"...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."
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.
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?
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.
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.
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?
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.
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.
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?
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.
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.
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?
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
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