Neil is right, in theory the alienation clause may kick in, but I have not seen that happen. Although of course, it can always occur. You may want to pose this question to a real estate attorney on http://www.lawguru.com
Also, as you can see most realtors are trained to give you the standard response of "I can't give you that advice, only an attorney can give that advice". It is true that Realtors can't give you legal advice. But I can tell you what the laws and rules are in most cases. I just can't tell you if they absolutely will apply to you or if it is the best thing for you to do. So, anytime you or anybody else you know has one of these questions you are welcome to contact me. I'll give you an answer. Then you or an attorney can decide if it applies to you or is best for you. Take Care
Thanks for your question. The answer is: It depends. You need to ask the lender that is doing the loan for you. Some lenders allow a spouse to be added to the deed title during escrow but you would need to check directly with them. You can add a person to title after the close of escrow on your own if you wish.
If I can be of any further assistance, please feel free to call or email.
Im sorry you went through such an ordeal but if you can talk to your fiance, you may be able to get him to sign a grant deed which he can give you half of the property..or a quit-claim. I know you feel slighted but there are still options. I hope everything works out for you.
Please feel free to call or email me if you or somone you know is interested in selling or buying :)
The answer to this question is the same as the answer to your first question. It all depends on if the lender will allow it. And there is a very good chance that you can add yourself AFTER close of escrow. Just be sure to look for that alienation clause.
On a side note. If you are currently married, based on CA family law, there is a strong chance that the property is already considered community property because you acquired it while you were married. Especially if you have a paper trail showing that you took money from your 401k. Even if you are not on title or on the loan but it was your money that was put in to acquiring it then it might be community property. This is an area that I am not an expert at so in this case I would give you one of those "consult an attorney" answers. But I don't think your position in the situation is as weak as you think it is.
Always get it in writing and if you can't then that should be a big red flag.
All this time I've been waiting to sign my name to the title and the kick to my stomach today was that i'm not on it. It's funny how this wasn't told to me but no one had an issue with me taking money out of MY 401k to put towards the down payment and having me sign a gift letter.
I asked the relitor about why wasnt I added or was this just missed and her answer to me was adding salt to my wound, she said if my fiance and I decide to get married the if HE chooses he can have me added at that time "if he chooses" I felt like I got kicked in the stomach, she then asked me if I was excited about the house and I know she could hear in my voice the fake words of me saying "yes". This has been the most hurtful experience. Oh and I asked the lender as well as to why I wasn't added and his email response was "let me look into it" if he knew I wasn't gong to be added, what is there to look into. Thank you all again for posting your answers, Life goes on.....
Good luck to you.
Isiah Youngblood, RealtorÂ®
RealtySouth - Trussville, AL