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2006-07-22 04:00:43 · 14 answers · asked by Chrissy w 2 in Business & Finance Renting & Real Estate

We got married after I originally bought my house.

2006-07-22 04:03:48 · update #1

14 answers

I'm assuming, from the details you gave, that the house is only in your name. Have any of the marital funds ever been used in paying toward the house or it's upkeep? For example, did you own the house completely (no mortgage) before your marriage, or was there still a mortgage during your marriage? If there was a mortgage, have you and your wife ever comingled your incomes, or have you always kept separate checking accounts for each of your paychecks so that you kept your money separate? All of these factors might come into play if you try to refinance in just your name. It also depends upon whether or not you live in a community property state.

You'll need to speak to a mortgage broker or loan officer to find out if it is possible.

2006-07-22 10:09:37 · answer #1 · answered by Mama Pastafarian 7 · 1 0

Apply for the loan and qualify based only upon your own income. This can sometimes be an issue as all communal debt payments will usually be counted against your income, but if you're making the majority of the money, as is the case with most folks who want to do this, then it isn't.

If you bought it on your own before you were married, you're going to need a Quitclaim Deed from your spouse in most states before the loan closes, as your spouse will have automatically acquired an interest in the property when you married. If the title is already vested in "X, a married man/married woman as his/her sole and separate property", it usually means that this step is unnecessary.

Alternatively, you can, in many states, allow the spouse to remain on title but nonetheless agree to the loan by signing the Deed of Trust. However, some lenders will not agree to this.

2006-07-22 07:25:31 · answer #2 · answered by Searchlight Crusade 5 · 0 0

If you live in a community property state, check with an attorney to make sure that you don't inadvertantly create a community interest for your spouse. Otherwise, just go ahead and refinance as the sole owner. The trust deed may specify you as the owner, a married man or woman, as sole owner. Some lenders may require a statement from your spouse acknowledging the ownership of the property and requinquishing any right of claim to it.

2006-07-22 04:40:51 · answer #3 · answered by Bostonian In MO 7 · 0 0

It's actually very easy. Even though you purchased the property prior to getting married, she may have a community property interest in it.

When you go to apply for a loan, let them know your wife will be deeding off the property at closing. The title/escrow company can prepare an Interspousal deed so you can take title as a Married Man as his sole and separate property.

The lender shouldn't have any problem with this, it is a VERY common thing.

If you are taking her off because of credit problems and not necessarily because you want her off title, you can ask the closer to prepare a deed putting her back on title that will be recorded after the Deed of Trust for the new loan.


Good luck :)

2006-07-22 04:29:03 · answer #4 · answered by Christine 3 · 0 0

Answer is Yes, it's possible. There are some criterias that the bank has, namely Income; Credit Score; Reserves... the 3 pillars of any loan.

You'll need 2 strong pillars out of the 3, but if you have all 3, then even better. You alone will need to qualify for the loan in your name, with your score, but then you may be able to use your spouses income added to your own in order to qualify... a smart Loan Consultant would be able to help you with this, and gather more information in order for you to qualify & ultimately get the loan.


Antal
Surefast Mortgage

AToth@surefastmortgage.com

2006-07-22 05:08:55 · answer #5 · answered by Antal T 2 · 0 0

Take the loan out in your name only. But if you live in a community property state and you bought the house BEFORE you were married, when you refinance (regardless of whether your spouse signs the loan or not) the property becomes community property.

2006-07-22 04:04:50 · answer #6 · answered by sahel578 5 · 0 0

From what I've heard, you can't, as you and your spouse are together now. My wife wanted to buy a house/property on her own, but they told her if it fails, it goes on my credit history too. So of course I said NO. But you might want to check with your local finance place to see what they can do. Should be something somewhere, that you could do that kind of stuff.

2006-07-22 04:05:54 · answer #7 · answered by Silverstang 7 · 0 0

contact a bank, mortgage broker, etc and apply for a refi loan. if you don't want your spouse on the loan or the deed, you need to specify this.

depending on your intent, and state laws, this may not stop this home from being "community property" should you divorce.

hope this helps!

2006-07-22 04:49:27 · answer #8 · answered by thetoothfairyiscreepy 4 · 0 0

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2006-07-22 04:07:57 · answer #9 · answered by Anonymous · 0 0

Is your wife contributing to the purchase of the house? If she is, then you are cheating her out of her equity and there will be trouble ahead.

2006-07-22 04:04:23 · answer #10 · answered by notyou311 7 · 0 0

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