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Asked 09/19/2009 01:03 pm CT (Los Angeles, CA)

My husband purchased a property in north las vegas a few years ago with a friend. The house went into foreclosure. My question is, can the bank come after me even though I am not on the mortgage or the deed? We were married when he purchased it.

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Asked 09/14/2009 12:48 pm CT (Chicago, IL)

I was engaged to my husband in 2001. In August 2002 moved into a home. We both paid money at the closing. However my name was never put on the deed or the mortgage. We were married in August 2003. Since then the house has been refinanced 3 times because of my husband's credit card debt. The initial loan was for $109K and is now $192K. In 2007 when we refinanced I signed a homestead waiver, if for any reason he could not pay the mortgage I did not want to be held responsible for the mortgage. He is now in debt again and I am considering a divorce. Even though my name is not on the mortgage or deed and I signed a homestead waiver, do I lose all rights to the property.

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Asked 03/13/2009 02:11 pm CT (Hillsboro, OR)

My husband and I recently refinanced our home and it is in both of our names. If we were to divorce and I were to go to school full time in a different state, how would we go about splitting the cost of the home? With the market being so bad, I doubt we could sell it for what we owe since we consolidated our debt with the refi. Would it be more realistic and financially wise if we were to remain married but live apart? We both are willing to do what is financially best. What are the options that would be fair to both of us?

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Asked 03/05/2009 11:37 am CT (San Francisco, CA)

My husband and I both owned homes prior to marriage, intended to sell his but cannot. We bought a home together, I am the sole person on the mortgage loan of our joint home but he is on the title. Our circumstances have dramatically changed and can no longer afford his home. I am not on the mortgage or title as he bought this two years before we were married in Jan. His home was never refinanced and is the original loan. We paid 15% down on the current home but likely have very little equity. If he forecloses on his home, will it affect my credit? Also, can they put a lien on the current home for which he is on the title but not on the loan? Thank you so much.

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Consult an attorney. However, your credit cannot be affected by a default on a mortgage you never q...

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Asked 02/28/2009 01:54 pm CT (ogden, UT)

I am married due to religous reasons I will stay married but I would like to buy my own home. I have been removed from my husbands mortgage. I have excellent credit have been approved for 150000.00 loan but due to the marriage lenders wont give me a fha loan what can be done?

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Traci - you're going to want an FHA loan. Did they give you reasons why you can't be approved for a...

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Asked 02/20/2009 04:53 pm CT (Spokane, WA)

I live in Pullman, WA. I am married and we have a joint mortgage loan. I would like to take out either a home equity loan (preferably) or a personal loan individually because the credit card debt we have is mine, not my husband's. Since Washington is a community peoperty state, would he have to be on the home equity loan or can I take it out alone?

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You can take out the Home Equity loan yourself, based exclusinvely on your credit and income. Howev...

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Asked 01/05/2009 08:24 pm CT (Blaine, MN)

I bought a house with a friend out of college 4 years ago. Since then we have refinanced the 2nd Mortgage under just his name due to credit score reasons at the time. I recently got married and we were able to get the 1st mortgage in both me and my wife's name, however, the 2nd mortgage carrier wouldn't allow me and my wife to "assume" the 2nd mortgage from my friend and release his name entirely. So we now have a 1st mortgage with me and my wife's name on it, and a 2nd mortgage with just my friend's name on it. The question is: My friend now wants to move out, and we owe more than what the house is worth. Me and the wife plan on staying in the house, but due to a recent drop in pay we are unable to afford the 2nd mortgage that my friend currently pays. My friend has talked about just walking away because there is no reason for him to stay, and he doesn't care that it will affect his credit significantly. I'm assuming this will also affect me and my wife if he walks, but how? Does the 2nd Mortgage carrier then file for foreclosure and being we owe more on the house than it is worth would the 2nd mortgage carrier still buy out the first mortgage carrier and foreclose entirely? Should I have my friend try to negotiate with the 2nd mortgage carrier to lower the amount of $$$ owed? What do you suggest we do? Thank you!

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If the 2nd mortgage is secured by the home you are living in, and that mortgage goes into default, t...

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Asked 12/29/2008 02:35 pm CT (San Francisco, CA)

I just got married. My credit score is 795 while my wife\'s is 550. We are still a couple years out from house purchase but want to qualify at the lowest possible interest rate. Some have suggested that we buy the house in my name only. If we do so, how is income qualified? Should we be filing our tax returns seperately as opposed to joint? Thanks for your help. Dave

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Hi Dave, If you are still a couple of years out from purchasing a home then I'd suggest focusing ...

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Asked 12/28/2008 12:44 pm CT (Miramar, FL)

I am married and we own a house that's under both of our names. We want for my husband to keep the house under his name only, we are not getting divorce. I want to buy an apartment under my name and if I have a loan I will not qualify. What steps do we have to take so I can withdrawl myself from my current loan. Thank You Julia

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The only way that you can get the debt out of your name is to refinance the property in your husband...

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Asked 05/06/2008 05:02 pm CT (Marlboro, NY)

I'm getting married. My fiance owns his own home. The mortgage and deed are both in his name. He owes about 75% of the value of the home on the loan. We want to get a Home Equity, with me as the primary, for a better interest rate. Can he just add me to the deed? Does the primary mortgage holder have to OK me being added to the deed since I'm not on the mortgage? Also, if I need to be on the primary mortgage, can I just be added to the mortgage without having to refinance the primary loan?? Note: the primary mortgage has a great interest rate, so I don't want to refinance it. Also, I have excellent credit and have already been preapproved elsewhere for well over the mortgage balance.

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Asked 04/29/2008 02:37 pm CT (Fort Worth, TX)

The house deed is only in my husband's name. He purchased before we got married. My name is on the mortage, which is already paid off. What rights do I have if we divorce?

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Typically, community property law applies to only property acquired together while married. You nee...

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Asked 04/28/2008 05:21 am CT (cincinnati, OH)

my husband and his ex wife bought a house when they where married that was is in 1994. they been divorced since 1998 ,he left her the home because of there son and she was to take over the payments his name is still on the morgage we just found out it is in process of foreclosure. we decided that we would like to have it... because this has messed up his credit and has stopped us from buying are own.. what would be his chances in getting the home.

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Asked 04/17/2008 02:01 am CT (Desert Hills, AZ)

Not married, allowed SO name to be placed on deed/loan against banks advice. SO has paid 0 against mtg. Is there any way to remove SO without a legal battle.

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What's an SO? In any case, you cannot remove someone from title w/out their consent. Change perspect...

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Asked 04/01/2008 08:34 am CT (Virginia Beach, VA)

my brother and I bought a house a little over 2 years ago. I there after got married and moved out. I have been out for about 1.5 years and now the house in starting in forcloser. He refuses to sell and the only why he said to get it caught up is if i sign a "mortgage adjustment". I have been trying to get off the house for over a year. I need to know if there is anything i can do? I work hard to clean and keep my credit clean but this is downfalling me.

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Asked 03/30/2008 07:22 pm CT (Shakopee, MN)

I filed for chapter 7 bankruptcy last year which was discharged. My boyfriend and I want to get married April 2008 but he wants to buy a home after we get married and would i have to be included on the mortgage loan he gets? We were told it could affect his rates etc., Do you have to apply for a joint mortgage loan if married? Can't he apply as married using just his income and expenses and credit to qualify for a mortgage? I would not be on the loan documents but listed as having an interest in the home. Is this possible?

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Asked 03/30/2008 06:33 am CT (denham springs, LA)

i owned my lot then built my house before i married. after being married i refinanced.in the refinance papers my wife signed to mortgage any interest she may have had tsaid property "in rem" only, andto waive any homestead exemption rights to which she may be entitled under any louisiana law and any federal laws.this was in exhibit "a".also the exhibit "a". a statement that i was mortgaging the hereinafter described property as my seperate property. my wife signed these papers , is she intitled to anything out of my property?

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Asked 03/17/2008 05:07 pm CT (las vegas, NV)

my husband had bought this house about 4 years ago before we had got married. so my name is not on it. my questions is it going to ruin my credit also if he foreclouse on it? we can no longer afford the payments. And could i buy another house in my name?

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If he qualified and purchased the home on his own, any problems w/ the home would only affect his pe...

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Asked 02/01/2008 08:05 am CT (Marion, MA)

My wife and I purchased a home two years after we were married. We've owned the home since 2004, and unfortunately are about to be seperated. I will likely move out of the home into an apartment which I will have to rent. My question is, in Massachusetts, what are my responsibilities towards paying the mortgage at the house I am leaving, which she will be living in with two kids from her previous marriage? She and I have no kids together. Am I obligated to pay 50% of the mortgage payment until which time that the home is either sold or the mortgage is re-done in her name only? Due to our bad credit, and thus a very high interest rate, our equity in the house is less than $10,000. Obviously, I need a suitable living location, and having to pay half of the mortgage will severely decrease the amount of money I will have available to pay rent at my own place. Thanks for all help you can provide in advance.

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Asked 01/24/2008 11:03 am CT (Palmyra, VA)

My husbacn and i have rented a house for 4 years on 01.17.08 he closed for the house, I am not on the deed or the loan, but I help pay all the bills here. He didnt have any inheritence or old money or savings when we got married in other words he was poor. What happens 2 or 3 or even years down the road we would get a divorce do I still get my half? no one but him is on the loan and deed.. he said he did this because of my medcial bill. the truth is Greed.. selfish.. please let me know Natalie in virginia

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Natalie - Sounds like a question for your future Divorce Atty. If it were me, I wouldn't help with t...

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Asked 01/20/2008 03:51 pm CT (Greenville, NC)

My husband and I got married just a month an half ago. He told me and my children to get out last night. My name is NOT on the mortgage but it is on the deed. He told me that I will still have to pay my half of the house payment. Is this true? Is there a way I can get out of it. I don't want anything from the sale of the house.

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No you are not required as of this point to make minimum payments of any kind. I say at this time be...

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