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My husband built a home in PA prior to our marriage. I want to have my name added to the deed. My husband won't do this unless I cosign when he refinances the mortgage. Is this in my best interest?
Wiki User
∙ 15y ago
There are some points for you to consider. Only you can decide if it is in your best interest.
If your name is on the deed then it must also be on the mortgage. The bank must have all owners sign the mortgage so that it can take possession of the property in case of a default. If only one owner signs the bank cannot obtain clear title to the property in a foreclosure. If you are on the deed and mortgage you would each be responsible for paying the debt. If he stopped paying the mortgage or abandoned you and the property the bank would hold you responsible for paying the debt. If you didn't your credit would be ruined.
On the other hand, most married couples are on the deed as tenants by the entirety or joint tenants with the right of survivorship so that if one dies the other will automatically own the property. Your husband has proposed a fair arrangement.
Wiki User
∙ 15y ago
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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.
My husband purchased a home then added my name to the deed. Now we are in the process of foreclosing. What happens to my undivided half interest?
If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject to the mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.If your husband mortgaged his property prior to adding your name to the deed then you acquired your interest subject tothe mortgage and the bank can take possession of the property by foreclosure. Your "interest" was encumbered by the mortgage. If you want to keep it then you must pay the mortgage.
husband and wife live together but file separately. both are itemizing deductions. husband pays mortgage and r/e taxes. house in both names. does the mortgage interest and r/e taxes have to be split if all paid by husband or is husband entitled to take ?
“husband and wife live together but file separately. both are itemizing deductions. husband pays mortgage and r/e taxes. house in both names. does the mortgage interest and r/e taxes have to be split if all paid by husband or is husband entitled to take full deduction.”
I am getting divorced and my husband is threatening to make me sell the house. What rights do I have to my home if my husband's name is on the title with mine however the mortgage is in my name alone?
You are in an extremely vulnerable position since you signed the mortgage alone and then granted your husband an equal interest in the property even though he had no responsibility for paying the mortgage. You own a half interest in your home and you are the only one responsible for the mortgage. You may be required to buy his interest if you want to keep your house. You need to discuss your situation with an attorney ASAP.You are in an extremely vulnerable position since you signed the mortgage alone and then granted your husband an equal interest in the property even though he had no responsibility for paying the mortgage. You own a half interest in your home and you are the only one responsible for the mortgage. You may be required to buy his interest if you want to keep your house. You need to discuss your situation with an attorney ASAP.You are in an extremely vulnerable position since you signed the mortgage alone and then granted your husband an equal interest in the property even though he had no responsibility for paying the mortgage. You own a half interest in your home and you are the only one responsible for the mortgage. You may be required to buy his interest if you want to keep your house. You need to discuss your situation with an attorney ASAP.You are in an extremely vulnerable position since you signed the mortgage alone and then granted your husband an equal interest in the property even though he had no responsibility for paying the mortgage. You own a half interest in your home and you are the only one responsible for the mortgage. You may be required to buy his interest if you want to keep your house. You need to discuss your situation with an attorney ASAP.
You quitclaimed your interest in your home to ex who recently died. How do you get your name off the mortgage?
You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.
A mortgage is in the husband's name the deed is in the wife's maiden name along with the husband's. If the husband dies is the wife responsible for the mortgage that she did not sign?
She is not responsible for paying the mortgage if she didn't sign it. Furthermore, if the bank tried to foreclose, it could only take possession of the husband's half interest. The wife should contact an attorney who specializes in real estate law.She is not responsible for paying the mortgage if she didn't sign it. Furthermore, if the bank tried to foreclose, it could only take possession of the husband's half interest. The wife should contact an attorney who specializes in real estate law.She is not responsible for paying the mortgage if she didn't sign it. Furthermore, if the bank tried to foreclose, it could only take possession of the husband's half interest. The wife should contact an attorney who specializes in real estate law.She is not responsible for paying the mortgage if she didn't sign it. Furthermore, if the bank tried to foreclose, it could only take possession of the husband's half interest. The wife should contact an attorney who specializes in real estate law.
What happens if a couple divorce and husband's name is not on mortgage documents or deeds?
If the property was purchased in a community property state during the marriage and the husband did not waive his rights, he may have ownership rights to the property. If not, then he may not have an ownership interest in the home. Either way, he does NOT have financial responsibility for the mortgage debt unless otherwise ordered by a court. It is possible for someone to have ownership rights to a home and no legal liability for its financial encumbrances.
If a husband and wife are both on the title but only the wife's name is on the mortgage and the house goes into foreclosure will the husband's credit be affected?
Someone made a big mistake when they gave only the wife a mortgage. The lender can foreclose on only her half interest in the property, not the husband's interest. The lender's interest will then depend upon how the couple held title. Depending on the state where the property is located a tenancy by the entirety would create the most difficult stuation for the lender. You should speak with an attorney to determine the status of that mortgage and your rights in your particular state.
Can I remove my name from a piece of property that my husband and I own?
In most states, if you are not obligated on a note to the property, then you can simply execute a "quit claim deed" and convey your interest in the property to your husband. If you signed an outstanding mortgage you will still be responsible for paying that mortgage. Any transfer of an interest in real property should be drafted by an attorney who is familiar with the laws in your state.
What should you do if your husband has no interest in going places with you or the kids?
You can ask him to suggest outing ideas. If that fails, I'd suggest marriage counseling.
Your husband remortgaged your property without notifying you after separation. What should you do?
You should consult with an attorney who specializes in divorce as soon as possible. If the property is in both names, he can only grant a mortgage on his own interest in most states. In some states a husband cannot mortgage any property without his wife's consent. You need expert advice according to the law in your particular jurisdiction.You should consult with an attorney who specializes in divorce as soon as possible. If the property is in both names, he can only grant a mortgage on his own interest in most states. In some states a husband cannot mortgage any property without his wife's consent. You need expert advice according to the law in your particular jurisdiction.You should consult with an attorney who specializes in divorce as soon as possible. If the property is in both names, he can only grant a mortgage on his own interest in most states. In some states a husband cannot mortgage any property without his wife's consent. You need expert advice according to the law in your particular jurisdiction.You should consult with an attorney who specializes in divorce as soon as possible. If the property is in both names, he can only grant a mortgage on his own interest in most states. In some states a husband cannot mortgage any property without his wife's consent. You need expert advice according to the law in your particular jurisdiction.
I pay the mortgage but my husband paid for the house is it my house?
If you are paying the mortgage, your husband didn't pay for the house. The bank owns the house and you and your husband have an equal share in the equity.
