Husband Claiming "His House"

Asked by Intelcore, 20721 Thu Oct 20, 2011

We live in MD and my husband and I are having some marital issues. His name is on the mortgage for our house yet, because he has not worked in 10 years, the mortgage (along with all other bills) are paid with money that I earn. I have told him I want my name on the mortgage but he says that it can't be done without his permission. I am concerned because he has made statements about the house being his and his right to sell it if he wants to. He says I need his permission to put my name on the mortgage. What can/should I do?

Help the community by answering this question:

+ web reference
Web reference:

Answers

11
Mack McCoy, Agent, Seattle, WA
Thu Oct 20, 2011
Well, gosh. You should seek marital counseling, that's what you should do.

As a practical matter, you can't "get on the mortgage," nor do you want to - as mentioned below. The mortgage is a liability - you want to get on that the same way that you want to get on the employer's list of people to be fired!

The deed is an asset, and as a practical matter, it would take a little money and effort for him to deed the property to the both of you.

But what you really need to do is to work things out, and you're not going to do it by racing towards arbitrary goalposts.

Marital counseling is cheaper than divorce attorneys.

All the best,
1 vote
Don Tepper, Agent, Burke, VA
Thu Oct 20, 2011
You can't get your name on the mortgage, with or without his permission. Besides, that's exactly the wrong thing you should be trying to do. The mortgage is the document that says: "I owe $xxxx." Why would you instantly want to be responsible for additional debt? Answer: You wouldn't.

What you probably do want is to get your name on the deed. The deed says "I own xxxx." Check to see if you're already on it. Here's the online search page for Arlington: http://arlingtonva.us/Departments/RealEstate/reassessments/s… Just search by your address, and it'll show you all the legal owners.

So you may already be on the deed.

If you're not, it's very easy to add you . . . if the current owner (your husband) allows it. If he doesn't, that's a problem.

However, you may have various rights simply because you're married to him.

Check with a good lawyer for guidance.

Hope that helps.
1 vote
Scott Godzyk, Agent, Manchester, NH
Thu Oct 20, 2011
the important thing would be your name on the deed. You cant just add your name to the mrotgage without re-writing the mortgage which he would have to sign for. Your other issues are for an attorney to work out. Where you are married you have some rihgts to your home etc... Good luck working things out
Web Reference:  http://www.ScottSellsNH.com
1 vote
John Juarez, Agent, Fremont, CA
Thu Oct 20, 2011
You need to speak to a family law attorney to determine your rights and protect your property.
1 vote
Tim Moore, Agent, Kitty Hawk, NC
Thu Oct 20, 2011
You want your name on the deed, not so much on the mortgage.
1 vote
Melissa Bark…, Agent, Washington, DC
Tue Oct 25, 2011
I would recommend checking the deed at the courthouse to see if you are on it, if not try to consult your husband to have you added. If he turns you down, I recommend talking to an attorney.

Good luck!
Web Reference:  http://www.wdcmetroagent.com
0 votes
FSBOsuccess, Home Seller, 28590
Thu Oct 20, 2011
You are really screwed. Sorry to be blunt. But just because you say you make the payment, the house is his. His name is on the mortgage. And it isn't that he has to give his "permission." He would have to do a refi to a joint mortgage.

Unfortunately, he is right. The house is his.

(Women of America - wise up! It is WAY past time! We are not in the 1950's anymore!!!)
0 votes
Oliver von G…, Agent, Miami Lakes, FL
Thu Oct 20, 2011
Consult with an attorney asap.
BTW, if you would be in FL he would need your permission to sell the house.
Good luck.
0 votes
Martin Signo…, Agent, Bethesda, MD
Thu Oct 20, 2011
Yes, talk to an attorney. There are issues with the mortgage and the deed that only sound legal advice can answer. Depending on the deed, how you took title to the house, and other factors will determine whether or not he can sell the house on his own. An attorney can help you sort it all out and provide ways that you can protect yourself.
Web Reference:  http://www.signoremove.com
0 votes
Abu Musa, Agent, New York, NY
Thu Oct 20, 2011
You may talk to an attorney.Only attorney can advise about this kind of question. Thank you.
0 votes
Elliott R. O…, Agent, McLean, VA
Thu Oct 20, 2011
Definitely want to speak with a real estate attorney. You may want to start with a title company though since they have attorneys in house that specialize in these matters and they can assist you with adding your name to the deed.
0 votes
Search Advice
Search
Ask our community a question

Email me when…

Learn more