My hubby and i got merried 8 yrs ago and we bought a house about 3 yrs ago.The loan was in his name so my name never got added and its just his name on the house.Now its no big deal to me to be added on the house until somthing came up and i wont say any names or who,but this family memeber feels as they can take over at any time.My hubby mentioned we better get my name on the house just in case somthing happens so i would not run into any trouble.Does my name have to be added or would it just end up being mine if somthing were to happen.
2007-01-17 15:28:40 · 12 answers · asked by ? 2 in Family & Relationships ➔ Marriage & Divorce
Oh and by the way im not worryed about adivorce...I had to add this cause of my first response i recieved.If i ever did get adivorce i sure wouldnt want this house,we have already talked about this and we would both sell and split sence we both pay all the bills.But like i said adivorce is not a worry.
2007-01-17 15:37:14 · update #1
It's best to have your name on the house since you are married. Talk to an attorney and see what your options and responsibilities are...but to protect yourself even in the case of a divorce...your name should be added
2007-01-17 15:33:36 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I wouldn't think your name would have to be on the loan papers sense you all are married and buy law it is community property. Well in this state it is, meaning it belongs to both of you because your married ! The house would go to the spouse if something happened. But its good to leave it that way if something could happen and you couldn't pay the loan or mortgage because they can sue you if your name is on it if you don't pay for it ! For now they can't because it's in his name and his loan. So do you want your name on it? I had mine took off so if something happened like a divorce they( the Bank) couldn't make me pay for it If i couldn't and they couldn't sue me for it , they would go after him ! My name is on the billing statement and it's still my home, I'm just not the responsible person on the loan if it's not paid for, and i can pay the payments and keep the home if something were to happen between us ! They just can't make me pay for it if i were not able too ! And i like it that way ! Does someone else have there name on the loan?? If so that can be a problem or if he had a co-signer for the loan? If only in his name then you shouldn't have to worry! A co signer can take over if the other person doesn't pay for the loan, then the cosigner is responsible and could take the home !! Hope this helps some !
2007-01-17 23:52:51 · answer #2 · answered by monkeymomma46 5 · 0⤊ 0⤋
Many states have something called community property. The best way to go about this is for you to be added to the deed but leave only one of you on the mortgage. This way no one can gat your house because it is owned by two people. Therefore if you have creditors and he has creditors in his name the house cannot be touched because of the community property clause. Check with your state government to see if community property clause pertains in your state.
2007-01-17 23:36:30 · answer #3 · answered by Anonymous · 1⤊ 0⤋
It is always better to have your name on it for several reasons. The laws very from state to state. Some lawyers have free consultations. You might want to think about asking one. Or you could also do some research on the net to find out the laws in your state has regarding property.
2007-01-17 23:39:08 · answer #4 · answered by mccmb02 2 · 0⤊ 0⤋
No, your name does not have to be on the house. You are married and if anything happened (if he died suddenly) all of the marital assets, including the house wold go to you. This "family member" won't have a leg to stand on.
2007-01-18 03:35:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
It is wiser and for your own protection to have your name on it, If not and something happened to your husband, his family may step in and give you a fight. Make sure you Both have a "WILL" it is never too early to get one, Plan for the future, one never knows what tomorrow may bring.
2007-01-17 23:37:26 · answer #6 · answered by donna_honeycutt47 6 · 0⤊ 0⤋
Yes, make sure your name is on the house. You could lose it if something happen to him
2007-01-17 23:37:58 · answer #7 · answered by sampls123 2 · 0⤊ 0⤋
You better check it out the law's in your state. I know in my state it is a 70- 30 SPILT I mean 70% his and 30% yours if he had it before marrige. So if he dead. 70% would be his next of kin and 30% would be yours.
2007-01-17 23:46:54 · answer #8 · answered by bittywrap 3 · 0⤊ 0⤋
is this a real question, your name should be on the house. And yes it does matter.
2007-01-18 00:18:37 · answer #9 · answered by brp_13 4 · 0⤊ 0⤋
yes it would be better to have your name on the house if anything happened to your husband.
2007-01-17 23:36:16 · answer #10 · answered by jude 7 · 0⤊ 0⤋