I just got married and bought a house with my husband prior to getting married. My question is, what are my rights to the house. I don't know much about this stuff. I just wondered...if he wanted to sell the house, would I have to agree or can he just do it without my consent as he is the primary breadwinner? Just asking in case he changes his mind about the house. I like it here...don't want to move. Thanks - BTW I live in Canada, don't know if the laws are different here.
2007-07-25 20:53:52 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I am a loan officer and in America in every state I have ever lived in this is what I know:
There are a lot of what if's... let me say that first.
If you bought the house and both your names are on the deed - both names have to be signed for the house to be sold.... married or not.
If you gave money to buy the house but DID NOT put your name on the deed, then his only obligation to you would be to reimburse you for the money you put in ... in the case he sold.
If he bought the house and you had a prenup negating any rights to the house... then yes.. he can sell without your knowledge or permission.
Now... I see alot of people stating the community property laws that are in effect in most states here.... that is the marriage is 50/50 on everything purchased AFTER the date of marriage. I don't think this is what you are asking. You are saying that you are remaining in the marriage and just don't want him to sell the house you both currently live in. Therefore the community property law does not exist in most cases. Community property laws are primarily for dividing property during a divorce.
If this is a concern... ask that you be added to the deed... but in the end.. if your hubby wants to sell and you say no... what will you do. Because he will be just as frustrated and mad as you and that could also harm your marriage. Even if your name is on the deed... Play the scenario out in your head. I know if my hubby wanted to sell for whatever reason and told me or asked me to sign... can you really say 'no'. Where do you go from there. If he is not happy in this home, then move. Make your home elsewhere. Your home is with your hubby... it isn't a structure. And if he is paying for it, why shouldn't he be able to buy where he wants also? I understand your dilema a bit... my hubbys works moves us frequently and lol... I don't move well.... I hate it... but my home is with him and I would have it no other way.
Just something to think about.
I hope this helped!!! Good Luck!!
2007-07-25 22:07:03 · answer #1 · answered by The cat did it. 6 · 0⤊ 0⤋
Well I lie i cali and i have seen deeds to homes. Sometimes here they say that the house was purchased by a single man as is sole property or by a single woman or by a married man as his sole property or by a marred couple ( i am not sure if my wordings is absolutely correct) so I would see if your name is on the house. Also the loan. Just a suggestion if you ever have to sign papers aways read them and as questions. I know you aren't leaving but just in case always ask before you sign, that's how women get left with nothing. Well that's how it happens on TV.
2007-07-25 21:03:11 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You are married, you are a couple.
You share a bank account, that means you share finances.
It all depends on the law in your province.
Generally, you own the house, yes.. you make decisions together, you are one.
2007-07-25 21:16:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Hopefully the title is in both names or at least your so that way he cant sell it without your signature, or you should get the title changed and dont put "or" in between names either,make sure it reads "and" at least
2007-07-25 22:20:02 · answer #4 · answered by Arthur W 7 · 0⤊ 0⤋
The best way to determine what rights you have, Contact your Escrow or Title Company that did your title.
2007-07-25 21:04:23 · answer #5 · answered by J1 M 3 · 0⤊ 0⤋
How do I know you aren't the husband posing as the wife...to try and get top secret club house information....
2007-07-25 22:23:25 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Well your in canada so i cant help you. i clicked cause i thought you were in the USA i was goign to tell you the answer.
2007-07-25 22:35:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
all depends on laws where you live..i live in nj and laws are 50/50
2007-07-25 20:59:18 · answer #8 · answered by Anonymous · 0⤊ 0⤋
bc ur marrried yes, unless u signed a prenup
2007-07-25 21:15:04 · answer #9 · answered by prettyinpink i 5 · 0⤊ 0⤋