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Sounds like a situation where you didn't qualify with both of you on the loan, but did with only your husbands name. But they error-ed in regards to putting the deed solely in his name. That was not needed, as having the loan in his name only in order to qualify doesn't have anything to do with whomever is listed on the deed. Loves in right in regards that in the event of a divorce, they home would be considered assets to split, but right now, you have no current ownership interest in the home if your name is not on the deed. The quickest way to rectify this, is to contact a local real estate attorney, and let them know that you want to have your husband do a quit claim deed, granting the home from his name only into both of your names. I don't know the cost, can't imagine it would be more than a couple hundred dollars.
Not quite true my friend
She does have current ownership interest. Her name does not have to be on the deed to have rights to the property.
As his wife she has a share in the home regardless.
"A tenant by the entirety may not sell or give away his interest in the property without the consent of the other tenant.
Upon the death of one of the spouses, the deceased spouse's interest in the property devolves to the surviving spouse, and not to other heirs of the deceased spouse. This is called the right of survivorship."
2yrs ago we remortgaged our home. Unfortunately they wouldnt accept me for the re mortgage and my husband took it on his own. They also put the deeds of house in his name. So therefor the mortgage and deeds are soley in husbands name. How can i have my name added back onto the deeds and where exactly do i stand with the house now. does it mean i have no rights anymore to house?Its worried me for past 2yrs. I wish i hadnt let him remortgage in his name alone. Also when he remortgaged and removed me from mortgage and deeds they never asked me to sign anything stating that this was ok with me, is this legal as they took me off everything without my consent. Dawn
Sounds to me like you have problems with your marriage, aside from your belief that your husband is trying to squirrel away all the assets solely to himself. I'd suggest a lawyer to start sorting that out and protecting yourself. Generally, a consultation is as free as asking advice from a board of strangers, and will probably be much more helpful.
2yrs ago we remortgaged our home. Unfortunately they wouldnt accept me for the re mortgage and my husband took it on his own. They also put the deeds of house in his name. So therefor the mortgage and deeds are soley in husbands name. How can i have my name added back onto the deeds and where exactly do i stand with the house now. does it mean i have no rights anymore to house?Its worried me for past 2yrs. I wish i hadnt let him remortgage in his name alone. Also when he remortgaged and removed me from mortgage and deeds they never asked me to sign anything stating that this was ok with me, is this legal as they took me off everything without my consent. Dawn
My husband owned his home before we got married. When we got married we went to an attorney and I was added onto the deed. It is a simple process. We both signed the paperwork and it was then recorded. I would be uncomfortable not being on the deed if I were you.
In further response to Mattman704's post, here is the NC General Statute to look up the meaning of "pre-marital property" and "marital property" and how the courts handle distribution in the event of divorce. Divisible property is acquired by one spouse who had no marital property rights before the marriage; but contributed a large enough amount subsequent to the marriage to warrant dividing that portion of proven value added to the property contributed by said spouse. One person's pre-marital property rights are not automatically passed to a spouse after marriage -- except by a deed in both names making it marital property.
NC § 50‑20. Distribution by court of marital and divisible property.
In further response to Mattman704's post, here is the NC General Statute to look up the meaning of "pre-marital property" and "marital property" and how the courts handle distribution in the event of divorce. Divisible property is acquired by one spouse who had no marital property rights before the marriage; but contributed a large enough amount subsequent to the marriage to warrant dividing that portion of proven value added to the property contributed by said spouse. One person's pre-marital property rights are not automatically passed to a spouse after marriage -- except by a deed in both names making it marital property.
NC § 50‑20. Distribution by court of marital and divisible property.
Thank you for all comments regarding the house in husbands name only. I am now seeing our solicitor to have the deeds put into both names.Somehow an error was made by bank dealing with mortgage as i had not singed any papers stating i gave rights of deeds to my husband alone, my name should not have been removed from deeds. Thanks all
Dawn
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