Who has to go on the deed when you're married?

Asked by Mkread77, Hauppauge, NY Sat Nov 9, 2013

I am married. I know that I can apply for a mortgage in my own (husband has no declarable income) but would he still have to go on the title/deed? We live in New York. Is there any way to do everything in my name only?

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11
Anna M Brocco, Agent, Williston Park, NY
Sun Nov 10, 2013
In order to determine what option is best for you, you really should consult with your attorney; he/she can better advise in your best interest....
1 vote
Tammy Hayes, Agent, Port Charlotte, FL
Sat Nov 9, 2013
Discuss your options with a real estate attorney.

Tammy Hayes, Realtor
Re/Max Palm Realty
tammyhayesre@gmail.com
941-276-6185
http://www.tammyhayes.remaxagent.com/
1 vote
Joseph Domino, Agent, Scottsdale, AZ
Sat Nov 9, 2013
I agree, for your situation, you should consult an attorney to help you decide what is best for you.

But to answer your question, yes you can do everything in your name only.
1 vote
Phil Rotondo, Agent, Melbourne, FL
Sat Nov 9, 2013
You should consult with an attorney.
1 vote
Cristina Cal…, Agent, Woodbury, NY
Tue Nov 12, 2013
I am not an attorney, and my advice should not substitute the advice of a qualified attorney. However, my understanding of the law is that you may be the sole person listed on the title. However, in NY State should you pass the house would go to your husband, unless you have a will that gives title to someone else, and your husband must sign that will that he is not being left the home. I would speak to a qualified Estate Planner regarding this matter, because your goals may not be met by simply leaving your husband's name off the title. Many couples set title to a home up in a trust for these purposes.
0 votes
david bailey, Mortgage Broker Or Lender, Sayville, NY
Mon Nov 11, 2013
This is an excellent question. I am assuming that you are buying instead of refinancing.

Does your spouse have a large debt burden which could affect you qualifying or poor credit?
If he dose not have bad credit or large outstanding debt it would not be an issue

if your husband is on deed and mortgage his non declared income will not be an issue as it will not be used at all to qualify but his debt will.

If you are using money from a joint account you need to have you husband acknowledge that you have access to those funds.

Talk to an attorney as New York State is a community state and property owned in a marriage even if one person is paying could still be considered owned by both parties
0 votes
Janet Nation,…, Agent, Baldwin, NY
Sat Nov 9, 2013
I like Mark Fisher's response. It's absolutely not necessary to consult an attorney that's totally your decision as a couple. I mean really, you add another family member if you want but remember you will be the sole person responsible for the mortgage commitment..
0 votes
Mark Fisher, Mortgage Broker Or Lender, Bronx, NY
Sat Nov 9, 2013
Whoever is on the mortgage must go on the deed. If you are married and only one person will be on the mortgage, it is your choice if you want the other spouse to go on the deed or not.
Web Reference:  http://www.markfishernyc.com
0 votes
Tom Dawson, Agent, New York, NY
Sat Nov 9, 2013
As others have said, yes, you can put only your name on the deed but there may be future planning that you need to think about so an attorney or possibly a CPA should be consulted.
But one of the things I wonder about is if you and your husband have discussed this. A partner who is excluded from a deed could feel hurt which would have personal ramifications. Maybe he has little income today, but what if the roles are reversed in a few years? Or perhaps he has put his career on hold so you can pursue yours.
Bottom line is that you have much to consider in making this decision.
0 votes
Javier Menes…, Mortgage Broker Or Lender, Melville, NY
Sat Nov 9, 2013
If you have not yet been pre-approved, I do most of my business in western Suffolk County. I would be more than happy to meet face-to-face and pre-approve you. I can tell you exactly what documents you would need and got through the entire process with you. I can also recommend a great Realtor who happens to work with Realty Connect USA in Hauppauge. Feel free to call or email anytime. Good luck!

If my response was helpful, consider clicking BEST ANSWER!

Javier Meneses
Senior Loan Officer
NMLS #23130
STERLING NATIONAL BANK
310 Crossways Park Drive
Woodbury, NY 11797
jmeneses@snb.com
(516) 606-9648 Cell
(516) 740-4478 Office
(516) 918-5383 Fax
0 votes
Javier Menes…, Mortgage Broker Or Lender, Melville, NY
Sat Nov 9, 2013
Absolutely. He doesn't HAVE to go on deed if you guys don't want to. You can decide to just do it under your own name.

If my response was helpful, consider clicking BEST ANSWER!

Javier Meneses
Senior Loan Officer
NMLS #23130
STERLING NATIONAL BANK
310 Crossways Park Drive
Woodbury, NY 11797
jmeneses@snb.com
(516) 606-9648 Cell
(516) 740-4478 Office
(516) 918-5383 Fax
0 votes
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