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Legal Rights - Mortgage versus Deed

Posted on: 14th Jul, 2009 03:46 pm
My boyfriend and I are getting ready to buy a house together. Due to my credit being destroyed by a divorce, we are getting the mortgage in his name but the deed will be in both of our names. If something should happen to him, what are my legal rights to the house? Could I assume the mortgage? Can the mortgage company or his first-wife (mother of his children) force me out and claim the home as his estate for their children?
My Ex-Husband is soon to be sent to Jail for 15 years. we did a deed of trust on property.and I did a quick claim deed also. Now my name was not ever taken off deeds what is my rights to the property. He also did a morgage on house and land and used my deed of trust to borrow money on house. what now
Posted on: 06th Feb, 2012 05:15 am
Legal Rights to prsoperty of my ex-husband soon to go to jail .What is my rights?
Posted on: 06th Feb, 2012 05:19 am
Neva, if you're an owner of the property before he is incarcerated you will be an owner while he's there as well. You may want to discuss this all with an attorney to determine how to handle the disposition of the property in the event you need to mortgage it, sell it, etc. while your husband is away.

Obviously, if he and you are joint owners, any changes must include his involvement and approval.
Posted on: 06th Feb, 2012 12:07 pm
I live in a house which is my primary residence. I am on the deed, but not on the mortgage. A family member is on the mortgage and the deed, to whom I am no longer speaking. At this time this family member wishes to move in with myself and my family, which was never mentioned or discussed previously. Is this person legally able to just show up one day and move in? Additionally, this is not their primary residence( or even secondary residence). Thank you! GeneseisX.
Posted on: 14th Nov, 2012 02:07 pm
Hi GenesisX!

Welcome to forums!

As the concerned person's name is mentioned on the property deed, he will be considered as one of the owners of the property. In such a situation, he will be able to come and live in the property whether or not it was mentioned earlier.

Feel free to ask if you've further queries.

Sussane
Posted on: 18th Nov, 2012 11:22 pm
House bought by unmarried couple broke up what are my rights?
Posted on: 08th Apr, 2013 12:11 pm
Hi Guest!

Welcome to the forums!

Are you one of the parties to that "unmarried couples" that you have mentioned? If yes and if your name is mentioned on the property deed, then you will have ownership rights to that property.

Feel free to ask if you've further queries.

Sussane
Posted on: 08th Apr, 2013 09:29 pm
My husbands name and mine along with the seller name is on the deed. The seller has died. Who left no will.Do we own the property?
Posted on: 17th Apr, 2013 02:00 pm
Hi tamiko!

Welcome to the fourms!

You should have asked the seller to remove his name from the property when you bought the property from him. Now you're in a tough situation. If there are any heirs to the seller, then they can claim the property. You should immediately contact a real estate attorney and take his opinion in this regard.

Feel free to ask if you've further queries.

Sussane
Posted on: 17th Apr, 2013 11:06 pm
My husband bought a house 10 years before we were married. He put his name and his daughter and son in laws name on the deed as well, thinking he would never get remarried. If he passes before me do I have any legal rights to our home? He paid the mortgage but still owes 50,000.00. His daughter has never liked me and says if her father passes she and her husband would want the house. What are my rights?
Posted on: 25th Apr, 2013 05:26 am
Hi connielouise,

You may claim your husband's share of the property as you will also be considered as one of the heirs.
Posted on: 25th Apr, 2013 10:13 pm
My Husband name on the Deed because i give him the Ok Before we got Married, Then we Refinance in 2010 and both of us name on the Mortgage But Not On the Deed And their is a Homestead in Massachusetts
Posted on: 23rd Aug, 2013 09:16 am
Hi Raas,

So what do you want to exactly know? Your query is not clear. Please post your query in details so that it becomes easier for us to give you some suggestions.
Posted on: 25th Aug, 2013 10:08 pm
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