Question Details

Mae, Home Buyer in California

my mom is on the mortgage of mine and my husbands house in california

Asked by Mae, California Mon Jan 21, 2008

We need to put his name on the deed of the house
How should we go about doing this?

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Answers

2
You may be confusing a couple of things. Your best step would be to go to a lawyer. A real estate lawyer might be best, but any general lawyer should be able to help. I'm not a lawyer, so this is not legal advice. The confusion I'm picking up is the difference between the mortgage and the deed. The mortgage is the document, like an IOU, saying how much you owe and how you'll pay it back. The deed is totally separate. It's the document that says who owns the house.

If your mom is on the mortgage, it means (probably) that she co-signed when you bought your house. The lender may have required her to be on the mortgage because you (and perhaps your husband) didn't have sufficient income or credit to purchase the house alone. Lenders are very reluctant to remove someone from a mortgage. As the previous answer suggests, refinancing into your own name(s) would do the job. But...why do that? Being on the mortgage doesn't entitle anyone to ownership; the deed does that. If the loan is OK as is, just leave it alone.

As for putting your husband's name on the need--making him an owner of the house (along with you), that's very easy to do. See a lawyer. But also check with the lawyer regarding whatever your underlying concerns are--whether it's estate planning (making sure the house goes to the surviving spouse upon the death of one) or asset protection, or whatever. Address whatever your underlying concern is before taking that step. There might, in some cases, also be tax implications.

Again, see a lawyer.
0 votes Thank Flag Link Mon Jan 21, 2008
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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I am definitely no expert but I would think you would have to get it refinanced to have his name placed on the deed. I could be wrong though. Try contacting your lender/broker........they should be able to point you in the right direction. Good luck
0 votes Thank Flag Link Mon Jan 21, 2008
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