mzar, Home Owner in San Diego, CA

Real Estate law question: If you have a loan solely in your name (mortgage) shouldn't the property be in your name also?

Asked by mzar, San Diego, CA Mon Jan 13, 2014

Going through a divorce and refinanced my home in 2005. I thought when I signed the papers that either the residence was in my name or jointly in my wifes name and mine. Now I find out that her name is on the property and my name is on the loan????

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11
JR Thrasher, Agent, San Diego, CA
Wed Jan 15, 2014
Title screw ups happen all of the time. California = Community Property....you need to talk to a lawyer about this.


J.R. Thrasher
http://www.sandiegorealestateveterans.com/
(619) 929-0105
RealEstate@JRThrasher.com
0 votes
Realtor Linda…, Agent, La Mesa, CA
Mon Jan 13, 2014
If the home is bought during your marriage, CA is community property state! Your attorney should be able to guide you on that.
0 votes
Kimberly Dot…, , San Diego, CA
Mon Jan 13, 2014
Mzar, believe it or not, someone can be on the title to the property and NOT be on the loan. It is a choice made at financing and re-financing. But I am surprised that you are on title as the person on the loan. That's very bizarre. That could be a problem that goes back to your refinance. Check to see when the title changed and you got dropped off. Your listing broker can pull those records.

Title to the property is not the same as the names of the obligated parties on the loan. The obligated party or parties on the loan are the ones who are responsible for paying the mortgage.

The names on the title are the ones who own the home.

They are often not the same. You do NOT need to be on the mortgage to be on title as an owner.

The home can be sold as long as all parties on title agree to sell.

I wish you luck in your divorce proceedings and with any advice your attorney can offer you.
0 votes
Maria Rosino…, Agent, Carlsbad, CA
Mon Jan 13, 2014
Hi Mzar-

I would be more than happy to talk to you about your situation. I am both a realtor and real estate attorney.

Please feel free to contact me at 760-444-3073.

Thanks,

Maria Rosino-Miracco, Broker/Attorney
Premia Realty Group
0 votes
John Juarez, Agent, Fremont, CA
Mon Jan 13, 2014
A divorce (sorry for your situation, by the way) is a legal matter. You advice must come from your attorney and not from Realtors who are neither attorneys nor are they knowledgeable about your personal situation. In other words, it does not matter what answers you receive in this forum because your situation is unique to you and will be dealt with by you, your spouse and your attorneys.
0 votes
Thanks for giving us so much credit!
Flag Mon Jan 13, 2014
Thierry Abel, Mortgage Broker Or Lender, Corte Madera, CA
Mon Jan 13, 2014
If you are on loan you should have been on Title at the time you got the loan!
0 votes
Ryan Ferrelli, Agent, Encinitas, CA
Mon Jan 13, 2014
Did you look at your divorce decree? I have a pair of clients with this exact situation right now and it all depends on what you agreed to do with the property.
Give me a call with any questions.
Ryan Ferrelli
858-353-9182
ryan@buysellsd.com
0 votes
Dan Tabit, Agent, Issaquah, WA
Mon Jan 13, 2014
Mzar,
I'm not a lawyer, and most of us here are not. Community property laws often come into play here regardless of who's on the deed and who's on the loan. Chances are you'll need her signature releasing interest in the property, but if she's on the loan only a refinance after the divorce may remove her obligation.
I'm not sure what your goals are, so it may be necessary to speak to an attorney regarding this before you're done with the divorce to make sure things end up the way you both want them.
0 votes
Sinead McAll…, Agent, Oceanside, CA
Mon Jan 13, 2014
And yes, I concur with Elisa, you always want to consult an attorney if it is a legal quesion!

Thanks!
0 votes
Sinead McAll…, Agent, Oceanside, CA
Mon Jan 13, 2014
Hi Mzar,
In California, for title to be free and clear with one spouse alone on title, the other spouse needs to sign an interspousal deed. Do you recall signing an interspousal deed?

Thanks!
Sinead McAllister
Broker
McAllister Homes Real Estate
858-205-5215
info@mcallisterhomes.com
0 votes
Elisa Peskin, Agent, El Cajon, CA
Mon Jan 13, 2014
Sounds like a question for your divorce lawyer...Realtors are prohibited by law from answering legal questions or giving legal advice
0 votes
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