Been married 33 yrs- homemaker, why can't I be on a mortgage but the Deed only ?

Question

Odd after purchasing many homes with my husband and not being employed, I was included on both Deed and Mortgage. Now in the last 3 yrs. just to make a payment by phone I need his permission. I was told I am responsible for the mortgage if he passes away only.GREAT !
He has taken every bit on equity out of our home, what gives?
So is my husband pulling a fast one ?

Answer 1

You need to know how and why he is getting loans without your permission, since your name is on the deed a lender will also have to have your permission to place a lien on the property. Is somebody forging your name? That is fraud! Jail time will follow a conviction for somebody.

Does he have a sweety on the side? A drug problem? Gambling problem? Any of these and many more can jeopardize your home ownership status. Who told you that you were responsible only if he passed away? I've worked with a lot of lenders and never have I had one make that statement.

There is something that either you are unaware of or refuse to see. Go see an attorney, do not alert your husband yet as you need to investigate what is what in order to protect yourself. If he is an addict, then you both will need help and, if he refuses you then have to protect your future. I do not see him not in the future picture with you.. He may be setting the stage to leave the country with a PYT, but you are entitled to half of the marital holdings, act to keep what is rightfully yours just in case. If he takes and stashes it w/o your knowledge as to where it will be virtually impossible for you to recover it.

Best of luck to you.

Answer 2

I'm so glad you asked this question! In Missouri the wife is on the deed but not on the mortgage. I'm the one that does the accounting yet to inquire on the loan I have to get his permission. If he were to pass away they wouldn't have any problem giving me all information so they can collect their money from me but until then I'm just the low man on the totem pole. It doesn't make any sense and when your dealing with multiple mortgages this is time consuming and frustrating.

I've never heard of someone taking out equity on a house without the spouse signing you should look into that its possible the bank is at fault.

A point to ponder -- If he was up to something and was to divorce you, would you even want the house? Its not worth anything if there isn't any equity in it

You should seek advise from a lawyer check to see if you can have your husband sign a legal document removing you from responsibility of the house debt. Start building your own credit if you don't have any AND stash away some money in case he is pulling a fast one --- then go buy you a house of your own :)

Answer 3

Wait, are you on the mortgage or aren't you? If you are not, it may be that you would not have had sufficient credit to add value to the credit rating. Maybe talk to your husband about this issue, ask for more permant permissions to be established so you can have a greater say. You are entitled to some degree of control over the home, if you got a divorce, 33 years as a homemaker you could certainly argue that a substantial portion of what is his...is also yours, including the house. This is probably also why the deed is also in your name.

Answer 4

Yupper..He pulling a fastone. A friend of mines husband died a couple of years ago, he had a second mortgage on their house, had borrowed all the equity in the house and put it into HIS Business. When he died she was left with 2 mortgages on the house, No Equity to borrow against, no money in the bank and a business she didn't know how to run and coudldn't sell because there was really nothing to sell, a few gallons of actual product and the formula for making it. And No Buyer.
You need to see an Attorney right away, as he is defrauding you out of an estste lifetime of work. As of right now if he disappeard, you would lose everthing and wind up HOMELESS!. I a man loved his wife he would NEVER do what he has done! RUN!!!

Answer 5

Since you are married, your home is marital property. I don't know your state law, but you are probably entitled by law to be on the deed.

If you are on the mortgage and you signed contracts to the lender, then you are equally responsible for the mortgage payments. If your husband passes away, you are totally responsible.

But, you mentioned another problem. "just to make a payment by phone I need his permission"

If you are attempting to pay from a JOINT account that you and your husband share, you don't need his permission. If you are able to write checks for payments without his co-signature, then you don't need his permission and/or co-signature to make payments by phone or by any other method. I should think that refusals to accept payment under these circumstances would be out right discrimination.

I also would believe that any lender who would allow a married person to obtain line of credit against marital property, without the other partner being a party to the closing of the transaction, would have some explaining to do.

I don't know all the details, but I suggest asking your friends for the names of good local attorneys who offer free consultations (or at least consults with low fees.) Find out where you stand.

Answer 6

Make sure you are in the will! I would say he is pulling a fast one! You have every right to be on the deed. What's this about pulling all the equity out of the home??? What did you use it for? If you don't know, Ask him. If answers are not satisfactory & he can't show you paper work on all transactions - or won't - get a lawyer fast! Good luck! He may be entertaining a chickie on the side!

Answer 7

All sounds true to me.

You must have signed the papers to be put on a deed. If you were put on the mortgage and the deed, you are equally responsible for it.

It you are looking to abandon your claim, talk to a lawyer. If you did not sign up for the debt, you may have an out and can do a "quit claim" of whatever your state allows. If you did sign up for the mortgage, then it is for better or for worse. You trusted you husband and remained ignorant by choice or not...but you had better check this out.

Check the community for free legal services.

Answer 8

I don't know if your husband is trying to pull a fast one, but your married so no matter what the house is also yours, if he passes away the house will be yours,but you will also be responsible for all payments even if your name is not on the mortgage. Only my name is on the mortgage for our house because my husband could not get the house because of bad credit.

Answer 9

YES! he can not take an equity loan unless you co-signed or he forged your name.

You are required by law to be on the deed.

The mortgage loan and your name is a little tricky. My husband had horrible credit so I just put my name on the mortgage loan, his name is still on the deed. Just because you dont have a job doesnt mean you couldnt get your name on the loan,,,the only problem is that you usually only get that done when the loan is orginated. Ask your bank if you can be added on.

He is definetly not allowed to take an equity loan out without your signature.

Answer 10

First of all Texas is a lien theory state and a community property state which basically means you both have claims to equal interest in the property and the debts created by virtue of what you do with those properties regardless of what each of you do to each other or whose name is on what instrument. I would get an attorney and have that attorney write a letter to the entities that are allowing your husband to do this reminding them of the aforementioned facts, sounds like you might want to also retain a good divorce attorney.