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Old 04-01-2009, 04:04 PM
 
12,542 posts, read 11,724,852 times
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In some states a will does not include real estate so it should be checked to see how your state's laws are.
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Old 05-08-2010, 10:07 AM
 
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adding to the mix, here's a question.

I am in the middle of a divorce of which no real property was owned by either party. I now would like to purchase a home with my mother, to provide for us and my children a stable home. Does anyone know if we can put just her on the title, while we both are on the mortgage/note so that my soon to be ex doesn't have access to it as a marriage asset?
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Old 05-08-2010, 10:20 AM
 
Location: South Metro Denver for 25 years
8,586 posts, read 18,737,442 times
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It is possible to be responsible for the mortgage without ownership of the property. Whether you husband can get his hands on it depends on the state you are in.

Ask your attorney or ask him to agree to exclude the house.
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Old 05-15-2010, 05:34 AM
 
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I live in Memphis TN. My wife died and my name is on the deed but I am not in the mortgage nor the note. If I stop making payments and the bank forcloses on the house, will that reflect in my credit history?
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Old 05-15-2010, 10:46 AM
 
Location: South Metro Denver for 25 years
8,586 posts, read 18,737,442 times
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Quote:
Originally Posted by luis40 View Post
I live in Memphis TN. My wife died and my name is on the deed but I am not in the mortgage nor the note. If I stop making payments and the bank forcloses on the house, will that reflect in my credit history?
no - it won't effect your credit. But why? - either pay the mortgage or sell the house.
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Old 09-07-2010, 04:41 AM
 
1 posts, read 3,693 times
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What if just my name is on the mortgage and i add an additional name to the deed, does this mean that the house belongs to the other person too?
and can i get the mortgage on my name and not have my name on the deed,,, in that case does the house belong to me too or just the loan..
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Old 09-26-2011, 02:12 PM
 
1 posts, read 3,282 times
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I don't have $$ to consult an attorney. By the way most of them are crooks. Does anyone know what the law states in Georgia? My spouse's name is on the deed and not on the morgage/note. The house was foreclosed on. We are back in the mkt for a new home. Both mortgage/deed would be in spouse's name. After a series of background checks the lender discovered a foreclosure history. The lender is threatening to deny loan on the basis of the foreclosure hit. I don't know which way to turn. Any input??
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Old 09-26-2011, 02:55 PM
 
Location: Salem, OR
10,852 posts, read 18,130,249 times
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Quote:
Originally Posted by SpeedLion View Post
I don't have $$ to consult an attorney. By the way most of them are crooks. Does anyone know what the law states in Georgia? My spouse's name is on the deed and not on the morgage/note. The house was foreclosed on. We are back in the mkt for a new home. Both mortgage/deed would be in spouse's name. After a series of background checks the lender discovered a foreclosure history. The lender is threatening to deny loan on the basis of the foreclosure hit. I don't know which way to turn. Any input??

The spouse was on the deed but not the mortgage? Who had the mortgage? You?

After the divorce did your spouse refinance the house into their name only? If not, then you were still on the mortgage and the foreclosure was yours.
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Old 01-28-2012, 04:54 PM
 
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if my ex husband bought a house and is on the deed and mortgage but deed states he has no interest on the home does that mean he can say he does not have real estate as an asset.Maryann
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Old 05-08-2012, 10:49 AM
 
1 posts, read 2,741 times
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We live in Long Island New York .My daughter is in the middle of a devorce. We found that her husband refinanced the house and she thought in both their names. Turnes out it is in just his name. She had been told both names would be on it. She never signed anything. Her name is on the deed and it states "soley" by her Dad who sold her the house. Now as they are going through the devorce settlement and the finances are being sort out and he is trying to bring down her monthly cost for her and the 3 kids. We were notified yesterday he has listed it as a short sale can he do this without her involvment. How could the mortgage co. not have seen her name on the deed and requested her involvment. Can this be done. I tried to speak to the Mortgage Co. and they said they will not speak to us because we are not on the Mortgage. We are running out of time and want to save the house please any advice

Last edited by mdownes; 05-08-2012 at 11:16 AM.. Reason: add location
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