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married man with title as single man on deed

Posted on: 16th Jul, 2011 01:32 pm
Hi, I have a friend who purchased his home before marriage as a single man. Two years into the marriage he refinanced the home and the title on deed still says single man. Can he get in any trouble for this? What is the penalty? He thought the mortgage company was just changing finance charge and never thought to change the title to a married man.
Hi shawnaann,

It would have been better if he would have listed himself as a married man. Nevertheless, I will suggest him to contact a real estate attorney and take his opinion in this matter. He will guide him to know whether or not he will be in any kind of trouble.

Thanks
Posted on: 17th Jul, 2011 08:49 pm
The deed should hav ebeen changed to married if he was married when he refinanced.

At this point it does not matter.

He can NOT get in trouble
Posted on: 18th Jul, 2011 10:54 am
Agreed...there's no harm in the deed having shown him as a single man one again.

Of course, he might get in trouble with his wife if she happens to think that he had something to do with the mortgage having been written that way.

It's likely, though, that whoever handled the closing simply didn't know the circumstances.
Posted on: 19th Jul, 2011 07:41 am
They are in the middle of a divorce right now. She wants half the house. He DID buy it prior to marriage though. Is she entitled to half because he refinanced?
Posted on: 21st Jul, 2011 12:36 pm
You need to ask a lawyer and it depends on what state you are in.

Different states have different laws about dower rights and when and how they occur.
The house was purchased single and later refinanced after married. I do not think the fact that he refinanced has anything to do with anything. What matters is the state law regarding who has ownership of the marital home, whether noted on the deed or not.

Even if you tell us the state, we are not lawyers and probably may not know ther answer and if we think we know the answer, not being lawyers, we are not authorized to advise you in legal matters.
Posted on: 21st Jul, 2011 02:43 pm
Please take John's advice.
Posted on: 22nd Jul, 2011 07:07 am
With regards to matrimonial law, and specifically when it comes to divroce and separation of assets, if the
Posted on: 20th Oct, 2011 06:37 pm
Hi rugbymad,

Depending upon the community property laws, the non-owner spouse may claim a share in that property. However, it is always better to contact an attorney and take his opinion in this matter.

Thanks
Posted on: 20th Oct, 2011 10:14 pm
Hello, When i went through my divorce, i refinanced my home and put it in my own name with a quick claim from my ex. At closing, i was still married, so it states that i was a married woman. Now that i am single, i would like to change the title to a single woman. I am meeting with resistance from my mortgage lender due to a marital lien that i owe my ex. Should that affect the title correction? I just want to correct the marital status, refinance and move on.
Posted on: 06th Feb, 2013 07:59 pm
Hi Carol!

Welcome to forums!

It may affect your title correction. It will be better if you could get in touch with a real estate attorney and take his help in this matter.

Feel free to ask if you've further queries.

Sussane
Posted on: 06th Feb, 2013 10:55 pm
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