Should my husband put my name as an owner on our house because of his mother?

Question

My husband (of 2 years) bought a house right when we started dating 5 years ago. When I moved in 3 years we split everything 50/50 including his mortgage payments. I was even putting an additional $1,000 towards the monthly payments. We also have done a lot of home improvements.

My name has never been on the title because 1) I never pressured him to add me. 2) To prove to his horrid mother I wasn’t marry him for his house (she even demanded a pre-nup, hubby said no) 3) I figured it didn’t matter anyways since we married

I found out the house is considered separate property and will have to go through probate (I asked 2 lawyers). His mother now says that if he dies she plans to kick me out and fight the courts for ownership or part-ownership. She said if we divorce she will make sure me and our future children move out since it is her son's house only.

Our house is almost paid off. My husband said he will add me as owner asap if I want him to.

Should I have him do it?

Answer 1

Get on the title. IN most states the property can then pass to you without the hassle of probate if you are joint tenants with right of survivorship or martial title (tenants by the entirety).

You may still have to probate his estate, but the house will pass to you; further simplified with a line in the will devising his interest in the property to you.

Answer 2

depends on the state you are in for whether or not your contribution would give you any equity in the home.

How much are we talking about that you care whether or not the house goes through probate? Are you talking of a value of over 2 million dollars that you have to worry about estate taxes?

Most states have what is called an "elective share" if your husband dies. A spouse generally cannot write another spouse out of the will. The spouse is entitled (unless they waive it) to certain allowances despite what the will says roughly equalling 1/3rd of the estate.

His mom is full of ****. However she was right, and he was a shmuck, and so were you for not signing a pre-nup. You can always sign a post-nup now. If you have him add you as the owner make sure it says "as husband and wife" or "as tenants by the entirety".

Personally I think he is a moron if he does add you in case you ever get divorced, however he was a moron for not signing a pre-nup so grab what you can of his.

Answer 3

Simple... have him create a will that leaves all his property to you. Solves all the problems with consideration of divorce.

Adding you to the title is certainly not a bad thing.. however, if he doesn't will his portion of the home to you, there could still be a fight in court for who get's his portion of the home ownership even with your name on the title.

All in all.. the will solves everything when it comes to concerns about your husband dieing. It also provides a LOT of protection for other things such as college funds, child custody, etc.

A divorce is a whole different story. Your name on the deed will certainly help to some degree, but doesn't guarantee that the court would grant 1/2 ownership to you. That you just have to deal with if/when a divorce suit happens.

Hope this helps!

Answer 4

Property held in common during a marriage is considered marital property. he needs to refi and get your name on the note. His mother sounds like a witch. At least he had the balls to tell her no on the pre-nup crap. That means you are more important to him then she is. Good for you..

By law you are his spouse and joint tenancy occurs after one year of marriage. You are 1/2 owner in the house. If he pre-deceases you are full owner with the obligations and rights.

Draw up a will, especially if you have children, so you don't get into a Terry Schiavo situation and can't make decisions about his or your wishes..

It is very important. Write it done and have a lawyer draw it up.

Answer 5

I asked my husband about this. your mother in law can not take the house from you if something were to happen to your husband because it would be automatically willed to you because you're married. However if you were to ever divorce then you would not get the house. It matters more in a divorce than in a death. If I were you I would want my name on the title because you never know what can happen. Also I would think your husband would want it on there so his mother will stop saying these things to you. I hope this helps.

Answer 6

Yes you should. You and your husband have a solid relationship. You have proven to be a trustworthy girlfriend, and now wife. In fact, I would go so far as to have title insurance issued at the time of the transfer; I know it's an additional expense, but that way there's no question about anyone's intention concerning the deed. It would go a long way toward protecting you and your children, given your mother-in-laws threats.

Also, your husband needs to have a talk with his mother. You are his wife, and she is disrespecting you in a huge way. He needs to let her know that it's not ok, that he's a grown man and that she'd better back off before she further damages their relationship.

I'm going to hiss at your mil now....

Hiiisssssssssssssssssssssss!!!!!

Answer 7

Yes then this way there is nothing that can take the house that you and your husband built together away. That and if something does happen to your husband then you don't have to worry about your mother-in law kicking you out. It sounds like the house is already you and your husbands the paper just lets everyone else know it.

Answer 8

Absolutely. If you've got a vindictive mother in law your husband should do everything in his power to realize that you are his spouse and now closest family. He needs to put his foot down and get the mother out of the picture. Plus, if you have contributed to the mortgage then you have put equity into the home, which you deserve.

If your husband trusts you enough to marry you, he should trust you enough to protect you from his mother and to trust that you are not after him for a house.

Answer 9

Yes. His mother sounds like a selfish, evil woman. Since you are married, your husband should add you as the owner of the house.

Answer 10

Yes, absolutely put your name on the house with your husband. If something should happen to him or you do divorce, the house will be your ownership in his death or partial ownership in a divorce.

There should be no hesitation in this.