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If you are married in a community property state, then yes, it is a community property. The mortgage is irrelevant - it is whose name on the deed that determines ownership.

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Q: Can a house be considered community property, if there is only one Name on the mortgage?
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Related questions

Is the mortgage of a rental house considered a business expense?

yes. along with repairs to the property.


Boyfriend and girlfriend buy house his name only on mortgage and she pays the mortgage what rights to house does she have?

She would certainly have been wiser to get her name on the mortgage if she is paying it, however, she can still claim the status of common-law marriage, and community property (although specific laws vary by state).


In a community property state is property inherited after marriage considered community property?

Property acquired prior to marriage is separate property and remains separate unless the spouse is granted on title and contributes to the mortgage payments from community funds, then they acquire an interest in that separate property in proportion to their contributions. Paying insurance taxes, utilities is not considered a basis to make the property community.


Can i find out if there is a mortgage on an estate?

Check the deed at the court house. There will be a lien against the property if their is a mortgage.


How does my new husband add my name to his house?

He should consult with an attorney to have a new deed drafted that is appropriate for your jurisdiction and creates the tenancy you desire. He should take care to let the attorney know if there is a mortgage. Most mortgage documents have a due on transfer clause that could trigger a demand for payment if any changes are made to the ownership of the property.


Can the mortgage company take your house without the deed?

By definition a mortgage is secured on the deeds of the house. They will have the deed (or officially have their name legally registered for the property) if they have given you a mortgage.


Is a house considered joint marital property in TeXAS if one name was never put on the home loan papers or deed?

the mortgage would not valid


If your parents took out a mortgage in their name how do you get a mortgage in your name for the same property?

A property cannot be mortgaged twice at once. Additionally, you must hold the title to the property to place it under mortgage. Unless the other mortgage is paid off and your parents give you the house, you will not be able to get a mortgage on it.


Your parents died leaving a mortgage on the heir property are the heirs obligated to pay the balance of the mortgage?

Yes. If you inherit a piece of property, including a house with a mortgage, you are legally obligated to pay its bills.


Can you get a joint mortgage with your grandparent and what happens if she dies can i keep the house and mortgage?

The type of deed will determine what happens to the property after her death. If there is a right of survivorship, you will get the house. The mortgage company determines whether you keep the mortgage or have to refinance.


Louisiana is a community property state you are on the deed only with your husband It says you own it by tenancy by entirety What does this mean What if the mortgage is only in his name?

You AND your husband are the owners of the house. Should you divorce, you have an equal investment in the house. The mortgage is in your husband's name, but should he die, you are responsible for this bill. If you default on the loan, you will foreclose on the house. The mortgage company does not care who pays the loan off, as long as it gets paid.


Your name is on a quit claim deed but the mortgage is in another person name can the bank take your house?

Whoever granted the mortgage to the bank must have owned the property at that time. If they later conveyed the property to a new owner they breached their mortgage agreement with the bank and the new owner took the property subject to the mortgage. The bank can take possession of the property if the mortgage isn't paid.