Need a little more detail & also the rules are not the same in all States. Is this a divorce situation? How long has the property been owned? Was the property acquired before or after the marriage? Ws the property purchased or inherited? Is this a primary residence or a rental property? What State do you live in?
Yes
First, buy the house in your name not your husbands. Do not have his name anywhere on the title and be sure he signs the waiver that says he has nothing to do with the deed or property. So, use only your credit. As long as all is in your name with only you responsible for making payments his bad credit will have no impact on your home loan.
Yes, because after bk discharge you still own the house . The only way to get out from under the house is to get your name off the deed. Ether by forcloser, short sale, or normal sale. If you can find someone to quit claim deed to that will work also. Because after bk discharge you are not responsible for the mortgage, so if you can get off of the deed you are free.
Only if the borrower qualifies on his own and the bank allows it. You will also have to be removed from the deed.
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.
No. If the property is in his name then he is the owner and the property can be sold only if he signs the deed.
That depends on whether he was the only name on the deed. If it was, the wife will inherit.
You cannot "put your name on the deed". Your husband must sign a quitclaim deed that transfers his interest to you. If that is not possible, you would need to bring an action to a court of equity. Only a judge can affect the title to real estate through a court order.
If he qualifies alone, federal law allows him to apply without you. However, the lender may either have you sign the Deed of Trust, or may require that you be deeded off the house for the transaction to take place. In the latter occurs the lender may allow you to go back on after. Check with the lender, some have verbiage in the Deed of Trust forbidding any ownership changes.
If your husband dies, you will be responsible for paying the mortgage since you volunteered to be the co-guarantor. If your name is not on the deed his interest will pass to his heirs according to the laws of your state unless he executes a will making you the sole beneficiary of his real estate.
Not if the division of property requires it to be sold and split.
Yes
if your name was on the mortgage along with his you are the sole owner of the house . if only his name was on the deed and he had a will naming you as sole heir you have a house once you pay inheritance tax on it . if he had no will nor is your name on the deed then the house along with any personal property he had in his name ,like a car or boat etc,. they go into probate and usually held there for 6 months for any one with claims against him. then it is divided among all your children if any and you
First, buy the house in your name not your husbands. Do not have his name anywhere on the title and be sure he signs the waiver that says he has nothing to do with the deed or property. So, use only your credit. As long as all is in your name with only you responsible for making payments his bad credit will have no impact on your home loan.
it's your house. it's your house.
Yes. The grantee on a deed is the legal owner of the property.
No. If you are not on the deed, you can't sell the property. The only "right" you have as a cosigner is the obligation to make the payments.