i purchased my home prior to getting married and laid out a substantial down payment. now i am refinacing and

Asked by Nurse, Saint Louis County, MO Sat May 9, 2009

i do not want to add my husband of 2yr to the title. what do i need to do? also i have told him that the bank reqire either him to be on the title or he has to sign a waiver, which he thinks i am making up. please help...

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Keith Sorem, Agent, Glendale, CA
Sun May 10, 2009
You should have whomever is helping you with the vesting (title) explain that to your husband.

In most cases property owned (BTW this is not legal advice) before a marriage remains the property of that party. Claims can be made if BOTH parties are making the mortgage payment. If you have concerns about this an attorney is the only way to really protect your interests.

Sometimes an attorney can analyze the purpose behind your wishes and explain them in a way that will put your husband at ease..

For example, one perspective might be:
You married late in life, maybe after a prior marriage.
You purchased the home many years ago and have a lot of equity.
You finally found the right man, you want to provide for him, to be equal partners.

He is willing to pay his share of the mortgage, and is okay with you retaining ownership. You could write a will that gives him a "life estate" in the event of your death. If you do have other heirs, this would allow him to live in the property should you die before him, and after his death the property would pass on to your heirs.

A probate attorney might even be better if you are thinking along these lines.
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John Barry, Agent, Eagle Rock, VA
Sat May 9, 2009
Hello Nurse,

I am not familiar with the real estate laws in Missouri, but if you are talking about property in California, you are correct. As California is a community property law state, when refinincing the property, the lender will customarily require that your husband either be on the title to the property, or sign a quitclaim deed with language to deed any interest he has in the property to you as your sole and separate property. Please have him email me at john.barry@coldwellbanker.com if he still thinks you are making it up, and I will be happy to fill him in!

Hope this helps!

Have a good night!

John Barry
Coldwell Banker Residential Brokerage
Cell: 323-810-7976
Email: john.barry@coldwellbanker.com
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