Posted on: 07th Sep, 2007 12:10 pm
was married in 12/1998 my wife had purchased a lot before in 6/1998 new house was built, after the marriage we went and did the fianl mortgage and my name was on the orginal mortgage, then she did some re-financing and she claimed she was unmarried a couple years later? my name has never been on the deed and is not on the current mortgage. what are my rights? we both have contributated to the payments and up keep since then. if wwe sell the house will i be entitled to half the proceeds? and will the curent mortgage company make check out in my name?
need lots of help
need lots of help
As per laws, in a community property state even if spouse is not on the deed but has made contribution towards mortgage payments, he/she will have a claim on that property. And if it is sold, would get a certain amount out of it. The rule which is used in deciding how much share spouse will get is known as the Moore Marsden Rule.
Miller
Miller
Dc, you haven't mentioned which state you are in. But as Miller stated, if you are in a community property state then as per moore marsden rule to will get a share as you have made contributions towards mortgage payments.
Know more about how your share will be calculated according to the moore marsden rule from this page - http://www.mortgagefit.com/know-how/mooremarsdenrule.html
Know more about how your share will be calculated according to the moore marsden rule from this page - http://www.mortgagefit.com/know-how/mooremarsdenrule.html
In this type of situation the only solution is an attorney. I know everyone wants the magic answer on a website but you cannot find it. You need an attorney to let you know your rights as laws vary greatly from state to state especially considering husband/wife home disputes.
Most states do however provide for you as long as you can prove you made the payments. Ie. I paid it all in cash man! Doesn't fly. What also matters is what your divorce papers say. If you have a right to the house and she doesn't acknowledge then get a lawyer. Simple as that.
Most states do however provide for you as long as you can prove you made the payments. Ie. I paid it all in cash man! Doesn't fly. What also matters is what your divorce papers say. If you have a right to the house and she doesn't acknowledge then get a lawyer. Simple as that.
Hi DC,
As you have contributed towards the loan payments, then you can claim some proceeds from the property sale.
But I think as you are not on the deed, you will not be entitled to the sale proceeds.
As you have contributed towards the loan payments, then you can claim some proceeds from the property sale.
But I think as you are not on the deed, you will not be entitled to the sale proceeds.
"then she did some re-financing and she claimed she was unmarried a couple years later?"
That would be considered as fraud. Providing wrong information on loan application.
That would be considered as fraud. Providing wrong information on loan application.
if the name is on title then you have every right to get proceeds from the sale..and she wouldn't be able to sell the property without your authorization.Do you have access to the orginal title binder? If your wife sold the property the title company will have to do a deed and title search to make sure the home has no liens or other holders on the property.
Talk to an attourney!
Technically your wife commited fraud and you should have been on the title. So go get an attourney ( I am assuming the marriage is not as good as it used to be since this question has came up) If you are on good terms then just have her add you to the title and problem solved.
Good Luck
Technically your wife commited fraud and you should have been on the title. So go get an attourney ( I am assuming the marriage is not as good as it used to be since this question has came up) If you are on good terms then just have her add you to the title and problem solved.
Good Luck
