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what rights for wife when home is brought in husbands name

Posted on: 26th Oct, 2008 01:19 pm
my husband and I purchased a home in florida his name only was on the mortgage thru FHA and no one ever explained this was how it is done in Florida. we were told my credit was not good. fha said I could not put my name on the deed. we just moved to florida and are not familiar with the laws and rights of a couple in purchasing property to live in. I would appreciate any help you can give I feel like I would lose all rights or say in any situatio. They were rude and said this had nothing to do with him signing the papers that we would have to see an attorney for a will. (we were at a lawyers office speaking with a parralegal) We purchased a new home. Not only has this caused hurt feelings and taken advantage off but is costing more money because now we need more money we do not have. No one seems to want to give us any answers. Please help
thank You Rose
Hi Gabby!

Welcome to forums!

As the sister's name is mentioned on the property deed, she will remain one of the owners of the property. You cannot force your husband's sister to sign a quitclaim deed in his favor and transfer the property. If your name is not mentioned on the property deed, you won't have any ownership rights to the property.

Feel free to ask if you've further queries.

Sussane
Posted on: 05th Jun, 2011 11:06 pm
Gabby, please don't post the same query numerous times. Many people use MortgageFit as a learning tool for their own circumstances, and it's puzzling to many when they see what seems to be the identical circumstance but a different person as the author.

Thanks.
Posted on: 06th Jun, 2011 10:25 am
My husband owns a condo in New Jersey i dont appear on mortgage or deed will i be liable in the forclosure?
Posted on: 03rd Oct, 2011 06:13 pm
Hi susan,

As your name is not mentioned on the mortgage or the property deed, you won't be liable if foreclosure takes place.

Thanks
Posted on: 04th Oct, 2011 11:01 pm
I am on deed . State I live in is Pa. . X wants to sell house I dont want to . What are my rights . I put into the property 44,000.00 X did not pay one cent . Past three years I kept all reciepts plus kept mortgage payments paid . Mortgage is under her name . Can she force me to sell . Plus I want half of total costs I paid out for repairs and mortgage.Im on deed of house.
Posted on: 25th May, 2012 07:21 am
Welcome jim,

Your query has been replied to in the given page: http://www.mortgagefit.com/Mortgage-Basics/Im-on-deed-x-left-dec-2008-She-is-mortgage-holder-state-of-Pa-I-have-all-receipts-and-mortgage-payments-I-have-paid-Since-date-she-left.html .

Please take a look at it. I hope it will help you.
Posted on: 26th May, 2012 12:01 am
i live in arizona, my wife is about to refinance the home she owed before we were married if she defaults on the loan am i responsible for her debt.
Posted on: 16th Jun, 2012 01:21 pm
Hi David,

If your name is not mentioned on the mortgage docs, then you won't be liable for the mortgage dues if your wife is unable to pay off the loan. The lender won't come after you in order to recover the dues from you if your name is not on the mortgage docs.

Thanks
Posted on: 17th Jun, 2012 10:44 pm
I have another question about my wife refinance on her house. BOA, saids that Arizona state law requires the spouse to sign documents to acknowedge that there is a lien being put on the house. He will not be obligated on the loan, he will not sign the note, which is the security instrument. He will have to sign the Mortgage and the truth in Lending, maybe one other form. We cannot skip it. Whats this all about? I am reluctant to sign anything
having to with my wifes loan. Thank You
Posted on: 18th Jun, 2012 03:06 pm
Hi David!

Welcome to forums!

You should contact an Arizona based real estate lawyer and take his opinion in this regard.

Feel free to ask if you've further queries.

Sussane
Posted on: 19th Jun, 2012 01:18 am
My Mother in law is buying a house for cash and is only putting her name and my Husbands names on the deed. I will be living there with Husband and kids. What rights will I have to this house? We are in Mich.
Posted on: 17th Aug, 2012 08:30 am
Hi jam,

If your name is not mentioned on the property deed, then you won't have any rights to that property. You can ask your husband to add your name to the deed if you want to claim ownership rights.

Thanks
Posted on: 20th Aug, 2012 01:16 am
We have been married 7 years, living in his home and renting mine. The time has come to purchase "our home" and hubby says " I'll foot this bill myself" and wants it in his name only. Will I have any ownership rights in case he dies?
Posted on: 26th Aug, 2012 04:50 pm
Hi kimcap,

If your name is not mentioned on the property deed, then you won't have any ownership claims over that property. However, you can file an affidavit of heirship at the county recorder's office and get the property transferred in your name after your husband is deceased.
Posted on: 27th Aug, 2012 12:01 am
my husband and i want to transfer our duplex that is presently under my husband name only into my trust to protect it from litigations. do i first fill out a "preliminary change of ownership report," with a quit claim deed under my name (his wife), and then fill out another "preliminary change of ownership report," from my name to my revocable trust." with another quit claim deed?
Posted on: 19th Jan, 2013 01:52 pm
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