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Husband not on the deed or loan do you have to buy him out if i file a divorce?
Wiki User
∙ 12y ago
Depends. If the house was/is being paid for with separate assets then your husband is not entitled to any of the equity. However if marital assets were used, he may have a claim on the asset.
Also, it is hard to separate the assets being used to pay for the property. Did your husband make any contributions to the property in terms of care and maintenance, or to improvements that would increase the homes value? Did you make the house payments but your husband paid the utility bills and bought the groceries? Sometimes division of the bills doesn't separate you from some ownership. State laws do vary on what is considered a marital asset and how distribution is determined. But generally speaking, anything purchased during the course of the marriage for the use and benefit of both is considered a marital asset. If a woman was a stay at home mom and didn't contribute to the mortgage payment, but raised the kids, cooked and cleaned the house...does that mean she has no vested interest in the property? There are tangible and intangible contributions to a property that lead to its improved value. If nothing else, the husband may have a right to a percentage of that improved value. This is why it is important to hire an attorney in order to protect your interests when divorcing.
Wiki User
∙ 12y ago
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What do i get My husband filing for divorce am not on the loan but am on the deed?
What portion of the property you own will be determined by the court granting the divorce. There are too many variables to give you a simple answer.
What happens to a home if you are not on the loan but on the title-deed and the person on the loan dies?
what happens if your husband dies and i am on deed,but not on loan.am i responsible for the loan and do i keep the house/
In Texas a wife gets the family home in a divorce using a warranty deed. But the wife does not refinance the home loan. If the wife defaults on the home loan can the husband take back the home?
he can take it back <3 all my people i am a lawyer!!
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.
If the husband's name is never on the loan but is on the deed is he responsible for debt?
No. If he didn't sign the mortgage then he is not responsible for paying it.
Can a husband take a loan against a house that has wifes name on it also?
All parties on title to the home must sign the loan documents; so, your husband can not do a loan on his own. Some states allow the spouse to sign the note (the debt) but not the deed; that would mean you are on the loan only but not the title; in that case, your husband would be able to encumber the property with another loan in his loan only.
Can the bank go after my husband's money and credit for my non payment on my mortgage if the property was purchased before our marriage and my husband is not on the loan or deed or mortagage?
No. Your husband has no obligations or liability regarding your mortgage.
Why am I getting served on a foreclosure when the loan is in my husband's name in Florida?
You may want to double check the document to see if you were indeed liable on the loan. You may have not been on the loan but on the deed to the property also.
Will i be liable for ex spouse's debt of a home equity line that the divorce decree ordered him to pay off my name is on the loan and the house is in my name?
You are as liable as him. If he files bankruptcy, they will come searching for you. Even if you sign a Quit Deed to release the house to him, you are just as responsible if your name is still on the loan.AnswerThe bank is not bound by any provision in your divorce decree. Your attorney should know that and should have addressed this situation by having your ex husband refinance the loan and pay off the existing loan that is in your name. If your ex husband fails to pay the loan the bank will come after you for payment and you remain legally responsible for repayment since you signed the note and mortgage. Incompetence results in this type of mess after a divorce.
If a property is held in tenancy in common and they divorce how is that effected?
One way to remove one or the other person off the deed of trust, is to refinance the loan.
Can their be joint ownership of property if offer is made in husband's name?
Yes. The buyer can decide how the deed will be titled. However, the wife will need to be on the loan application.
I signed off on the house during the divorce The loan is in my name The deed is in both our names TX He refuses to refinance How do I get out from under the mortgage so that I can buy another home?
You should have addressed that situation at the time of the divorce. When a divorce decree is entered, generally, the parties should be free and clear of any claims they may have had against the other. All matters should be resolved, especially an outstanding shared debt. I am assuming that when you state that you signed off on the house you transferred your interest to your ex-husband by deed. If that is correct consider this: At the time of the divorce negotiations, your leverage was your interest in the property. Part of the agreement for you to transfer your interest SHOULD have been that your ex-husband refinance the property in his own name to take your name off the outstanding debt. If the loan was in your name, it should have been paid off at that time. You have no leverage now. If you were represented by an attorney you should contact her/him and ask why this matter was not resolved at the time of the divorce. Your lawyer was responsible for addressing this situation on your behalf and was paid to represent your interests. If that is not possible then you should consult with an attorney who could review your present situation and file a claim in a court of equity.
