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Ann, Other/Just Looking in Summerville, SC

Married and name not on themortgage. How do I get my name on it?

Asked by Ann, Summerville, SC Mon Jan 30, 2012

Married and my husbands name is on the morgage. He has adult chidren and I want my name on it to protect myself. How do i do it? MY husband said it will cost a lot of money. WE have been married for 5 years. It was his deceased wifes house now his.

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In order to put yourself on the loan you and your husband would have to refinance your house. All mortgages have a "due on sale" clause meaning that anytime the deed changes hands they require the loan to be paid off. If they original title doesn't match their records they could possibly make you pay the full amount of your house at the time that you change the deed. In other words, if the bank were to do an audit and the name on the mortgage is "Bob Bigglesworth" and the deed says the property is titled to "Bob and Betty Bigglesworth", they could construe that as the property changing hands and demand satisfaction of the loan at that time. My advice to you would be to speak with a Real Estate Attorney and see what your best options are. If you have any further questions I'd love to speak with you about them! Give me a call at (843)789-9860 or visit me on the web at http://www.TheBestRealEstateAgentInSC.com or at http://www.youtube.com/jlcalvert2005. Thanks Ann! Have a great day!
0 votes Thank Flag Link Thu Apr 12, 2012
The only way I know of to get your name on or off the mortgage it to refinance the home, which can be costly! You can always add your name to the deed, which an attorney can do for much less.
0 votes Thank Flag Link Mon Jan 30, 2012
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