I recently refinanced my house the loan is in my name only but was told my husband had to be on the deed

Queen
when I originally purchased the house, I was told the same thing when I signed the loan papers, but when I divorced my 1st husband, the judge told me that if he wasn't on the loan, he didn't have to be on the deed. Now the broker is telling me that yes he does. Seems to me that if I'm the only one responsible for the house payments, I should be the only name on the deed. Who is correct?

Adelle
the short answer is you should ask an attorney (who your husband does not know) in your state. generally speaking if you are the one on the mortgage and responsible for the bills then you are the only one that has to be on the deed. simply put if you default on the loan you are the one responsible so why would your husbnad be entitled to the benefits but not the risk.good luck.

Danielle
are you in a community property state?

Franklin
If the Deed tells you you're the owner by itself..then you are..not your husband..being a broker doesnt mean he/she knows everything..someare really lousy and dont know what they are talking baout

Homer
In community property states both the husband and the wife own 50/50 regardless, unless the property is considered property owned by one spouse prior to marriage and even then if you are in a Lien Theory state that designation can change by actions the spouses take in the care of the property. When you take out a note and a mortgage you are doing two instruments, one is the note which creates the debt and the mortgage that the borrower gives the lender as their right to take you to court and take the property as payment (partial or full) on the note. So the answer lies in who has the title in their name. If only you then you are the only one required, if in community property state then the lender will require both signatures, if both parties are shown by the record to be in title then both will be required to sign. All parties that have an interest in the property must sign to give the lender the legal right to proceed against all the owners of the legal interest in the property or they will be dismissed in their action for failure to name indespensable parties.Buena Suerte

Altha
"broker is telling me" Are you talking to a "loan broker" or the morgtage holder?Talk to the morgtage holder.Doesn't sound right.

Annabell
It is your choice to have him on the deed or not. Your are responsible for the note, you can choose to do a "quit claim deed" to remove him. This situation can get ugly for you in the future if divorce is the path you may choose, currently he owns half of the property but is not financially responsible for it. Your Loan Officer should have asked you how you wnated to hold the deed, it should have been your choice.

Davis
Your question is unclear. Are you talking about your ex-husband or present husband? Are you talking about the deed to the house or the mortgage deed? You also don't say what state you are in. Clarify these issues & maybe someone can give you an answer. Better yet, ask a local attorney.

Carlota
Depends on what state you are in and what the laws are. In TN if you are married the spouse has an interest in the property regardless of whose name the loan is in just by virtue of being a spouse.

Dorthy
You are correct. Nobody HAS to be on the deed. Even if your husband's name IS on the loan, he doesn't have to be on the deed. At least here in VA. Besides that doesn't make any sense. If you co-sign for somebody doesn't mean your name has to be on the registration of the car either.

Aline
If the loan is in your name, then the deed only has to be in your name.