Can spouse who is not on mortgage documents still have name on contract? (property, attorney)

[Bass101]

My husband and I are first-time homebuyers. My husband is the income-earner and right now I have no income so my husband's name is the only one on the mortgage application/documents.

Now our lender informed us that his name is the only one that can be on the contract too.

Is this really true? Does that mean I have no legal rights to this house, even though we are married?

[Denton56]

You can have your name on the title to the house. You can also have it on the mortgage application, assuming your credit rating is a good one. My husband is the only wage earner in our family and I've been on three mortgage applications, and three house deeds. Have the documents redone and include your name on everything.

[Bass101]

Originally Posted by Denton56

You can have your name on the title to the house. You can also have it on the mortgage application, assuming your credit rating is a good one. My husband is the only wage earner in our family and I've been on three mortgage applications, and three house deeds. Have the documents redone and include your name on everything.

Well the reason I wasn't on the mortgage application is b/c it was simpler to just have my husband's income and credit for the application, rather than me having to provide all sorts of documents too, when I don't have any income to contribute to the mortgage. So to re-do the documents at this point would probably be a bad idea.

I was also told that b/c I am not on the mortgage documents, I can't be on the title either.

So I was told I can't have my name on the title or the contract, and I feel like I don't have any legal rights to this house, which makes me feel sad.

[Tish Thompson]

Unless there's some kind of law in your state that prevents your hubby from being on the contract, he is allowed to do it without being on the loan.

Originally Posted by Bass101

My husband and I are first-time homebuyers. My husband is the income-earner and right now I have no income so my husband's name is the only one on the mortgage application/documents.

Now our lender informed us that his name is the only one that can be on the contract too.

Is this really true? Does that mean I have no legal rights to this house, even though we are married?

[nfdsouza2001]

In States like Washington the acquistions during the marriage is considered owned by both.

[palmcoasting]

Who told you that? The title company?

[manderly6]

For both houses I bought in NJ my name was the only one on the mortgage documents, but my spouse's name was on everything else along with mine.

I was also informed it didn't mean squat in NJ whose name was on what when if it came time to split things up in a divorce.

[Bass101]

Originally Posted by palmcoasting

Who told you that? The title company?

The lender

[FalconheadWest]

If you live in a community property state, it doesn't matter.

[rjrcm]

We are a community property state. Lenders here require the spouse not on the contract & mortgage application to file a quit claim deed to the other spouse.

I'd recommend that you go ahead and update the mortgage application if you want to retain rights to the home. Check with an attorney to see if you have other options.