My ex cannot pay his half due to other commitments. For example….due on the house. Can You Have Three Joint Tenants With Rights of Survivorship. How would we go about doing this? Am I able to homestead the house we just purchased if I’m not on the loan? As such, they could have to pay ten-times more taxes to inherit the same property. And if you are able to qualify for your own financing, it begs the question: why don’t you just get added to the mortgage now? If your name isn’t on the loan, it won’t show up on your credit report. My partner and I (two guys) we currently love in Virginia and we own a townhouse together with both names on the mortgage. Is it possible to be taken off the mortgage but remain on the house title? [–]Notmymonkeynotmyprob 0 points1 point2 points 4 years ago (2 children). Is this possible? He has been receiving offers and it would be great to condense our 2 loans to one at a low fixed rate. I have never owned a house nor have I taken such loans from a bank or lender. That last point is important, BTW. They (my parents) will be contributing a larger portion of the downpayment, and we (my husband and I) will be obtaining the mortgage. The lender typically has a lien on the house, meaning that the spouse whose name is on the mortgage does not pay, then the bank can foreclose in order to get their money back. recently he got a wonderful job offer to move to tampa florida.. so that means putting our current home on the market and buying a new place in tampa.. im a bit afraid because for me to make this move means i am giving up my job and income until i find new work in tampa. If he bought you a home, then you own the home. Can I add my son to the deed or title, (not the mortgage) so that should this happen, he gets to keep the house, provided he can make the payments? Think about it - if you own 50% of the house, then if the bank needs to foreclose on the mortgage they can only apply 50% of sale proceeds towards what they are owed. You can't be removed from the mortgage but remain on title. Thank you. Rendered by PID 26989 on r2-app-098085b6fceb03d3c at 2020-12-27 21:54:40.309088+00:00 running 6abf2be country code: NL. Often circumstances change after closing on a home, however. We owe aprox. Be patient with others. Medicaid does not want to give benefits to people who have given their assets away as a way to protect them. If you and your partner are on the mortgage but you're not on the title, his power to sell the house is only one of the problems. I wanted to know if I add my name only under the home title and not mortgage and that my boyfriend is under the mortgage, will I be eligible for FHA loan later down the road if I decide to buy a home. They are limited to the proceeds from the sale of the home. His name will be the only one on the loan paperwork. Just make sure you put in clauses to limit litigation. Had the daughter not been registered on title of her mother's home, the estate would pay the probate tax but the proceeds of the sale of the home would arrive tax free. Long story short, we divorced and he ended up letting the house go into forclosure. Please see an attorney to draft up the note. [–][deleted] 1 point2 points3 points 4 years ago (1 child). Do not just post links to other sites as an answer. Please advise. Hello I have a question I went to the county assessors office recorded change of name on the deed to solely me almost 9 years ago. My understanding is that my parents can be put on the deed even if not listed on the mortgage. We live in Texas. To Irene. He stop making mortgage payments. Your name goes on the title to the house when you close, but it also goes on the mortgage note -- the promissory note for the loan you have to repay. By adding your name to the title, but not to the mortgage, he is giving you half ownership in the property without any responsibility for making the mortgage payments. I know he is going to be able to get a mortgage on his own since i wont be employed.. i guess im trying to ask what are my rights with regards to having some sort of equity in the home if im not on the mortgage but im contributing to the expenses, am i giving up my tax deductions by not being able to obtain a new mortgage together, how do i get my name on the deed if there isn’t a mortage in my name. Title Insurance Requirements: Ensures full title protection. Recently she got behind on mortgage payments (which we caught up) and she agreed to sign it over solely to my wife using a quitclaim. There is a mortgage. There was no will. I bought a house in 2004 with then my fiancé together for 20years. My, now ex-husband, and I bought a house. One way to make this happen easily is to get married. I’m on the deed, not the mortgage. You and your partner co-own this property and when you sell it, presumably you’ll both put cash toward the down payment on the new property. Had PMI which should have paid the bank; so…………………………. Also at what point do you pay stamp duty? Get an ad-free experience with special benefits, and directly support Reddit. he has already made his bank accts POD to me and wants my name on the deed to the house jtwros. This looks like the perfect place to ask my question! You do not appear on the mortgage (which may mess up the financing), or the title. If your sister is on title, then she will get a share of the property’s profit when the home is sold. Second, owning the home as joint tenants with rights of survivorship is great, but if your fiance dies, it still leaves you in the position of having to obtain your own financing on the property. But if she hasn’t contributed to the upkeep of the property or the mortgage in the past 4 years, then it’s fair to subtract what would have been her share of the costs from her share of the profits. Some states, in reviewing Medicaid eligibility, look at things like this very carefully and determine ownership (meaning is it really your asset or his) by who is actually paying the mortgage. Of course, you will contribute equity and cash to pay the mortgage, but you don’t have any legal liability for this debt. [–][deleted] 0 points1 point2 points 4 years ago (2 children). Certainly in years past wives were often not on title when husbands purchased houses. According to the bank we still ‘own’ the home which I’m sure would be quite a surprise to the actual homeowners if they tried to sell it or re-finance. Thanks Scott. Hello, I am applying for a refinance; the loan officer said I could qualify for a lower point loan (over one point less) if she used just my information as I have a better credit rating than my spouse. Thanks! I’m so worried about this. and additional income from airbnb rental of our guesthouse. Where do you live? I'd like to be taken off the mortgage but not off the title. Not being on the mortgage means you don’t have legal responsibility to pay it. Any late payments negatively affect his credit and the possibility of foreclosure is real. I am soley on title/deed but not mortgage – ex holds mortgage soley…….house in foreclosure 10 yrs, can I sell the house for my own benefit? Please see a real estate attorney and figure out how you’re going to handle this before you go. I need to refinance as the house needs work What happens if I don’t qualify for the Loan assumption? There are no liens on the home. i have conservatorship over my husbands person now, but because we are married and conservatorship over the estate seemed unnecessary and expensive I did not pursue it. [–][deleted] 0 points1 point2 points 4 years ago (0 children). this.options[ this.selectedIndex ].value ); Typically, when a spouse dies, the remaining spouse would be able to take over the mortgage (as you have done) and the mortgage company would simply put the mortgage into your name. Any advice? How do you expect the WFH thing to play out after COVID is settled? Thanks in advance for your help & recommendations. If you’re buying a home as a couple, this means you make the decision whether to add both of your names or just one. I moved into the same house with our children and paid up the months and have been paying on the mortgage for the past 7years. You then have a contractual right to the value. This means that a lender could attempt to sue you and your spouse to settle a delinquent mortgage even if your name isn't on the title of the house or the loan. You can then “bill” the cost of those expenses to be subtracted from the gross amount, before the “profit” is shared. ••• Most of the time, the person listed on a property’s mortgage is the same person listed on the property’s title or deed. I’m terrified our three kids will lose the only home they know. It will depend on your state whether you may own the property 100% if your husband should pass away. Is this more of a practical limitation in that the lender will require it? REDDIT and the ALIEN Logo are registered trademarks of reddit inc. π Rendered by PID 26989 on r2-app-098085b6fceb03d3c at 2020-12-27 21:54:40.309088+00:00 running 6abf2be country code: NL. Answers that link only to your personal blog or website are considered low-quality and may be removed at the moderators' discretion. I’m not looking to refinance or pay closing cost with any lender. Hi Ilyce . He now has a new family and wants to purchase another home. Just my wife is on the deed and mortgage, can I still go out and purchase a home on my own and finance it myself even if I’m only on the deed but not financing are home? Scenario if that question is a yes, I am eligible for FHA, but we got married, does that credit apply? He owns the property and presumably owned it before you were in the picture. What scares me is if i’m on the loan and he cant or wont pay the mortgage I will have to and would not be able to sell the house or get off the note. He is working in California currently and I am finishing up my job out of state to follow him. I think this post does BOTH for you! This is because if the other person defaulted it would be impossible to evict you. Hi my partner and I have been living together for 7 years. Need help. Like you said above, she got the better half of the deal because I had to split the equity in the home with her but I am still responsible for the mortgage. Hi my name is on the title and his is on the deed I thinking about a divorce what are my rights. Hello. I hope it goes well for you there. Does it matter if the tenancy is tenants-in-common or joint tenancy? There are no other next of kin (never married and I’m an only child). Since the market was plummeting and to sell it quickly we were talked into taking $50k of the house sale and making payments on that until the payments were complete. If you co-signed the loan, you’ll still be on the hook. We receive a fixed income from his retirement and SS. The title and deed should be one and the same. I’ve heard of the whole probate thing but I thought that was mainly for way more complicated scenarios than this. Retirement As your Calgary Mortgage Broker, I want to help advise and save you money. Be inquisitive, and clear if you are unsure. He cannot get a line of credit because I am in school and only work part time. Use a mix of context, explanation, and sources in your answer. Yes, you can. My fiancé bought a house when we were together. That might change the perspective, but if you live in the U.S., being registered that you live with him may not mean much. From what I understand as long as I pay the mortgage on time I can continue to live here. Can this be done with the mortgage company directly. By adding your name to the title, but not to the mortgage, he is giving you half ownership in the property without any responsibility for making the mortgage payments. Parents, Children, Estates and House Title. Typically, a name removed from a mortgage is the result of the dissolution of a marriage or domestic partnership. Finally, the purported “benefit” of not being legally obligated for the debt because you’re not on the mortgage is not all that great. Spouses have rights to a home without being on the mortgage due to Dower Rights (AB - may be called other things in different provinces), which isn't applicable in this situation. I have lived with her since 2013. The title of the house is under me my mom and my sister, but the mortgage is under my mom and sister. He wants me to take my name off the mortgage. Misc Long story short, we’re now divorced. Why don’t you consider officially borrowing the funds from your parents? The house my wife and I our living in has been “owned” by her grandmother for approx.15 years. This has nothing to do with actually being on title though. Will this save my family home?? I was left nothing no money no job i took care of him he was a disabled vet, can i just let the house go into foreclosure and move and not be liable for the mortgage? Thank you so much for your time. You should speak to an estate attorney and see what he or she has to say about your situation. I now hold title and it read as “[My Name], a married man as his sole and separate property”. [–][deleted] 1 point2 points3 points 4 years ago (2 children). This is why you don't cosign things you aren't prepared to 100% pay for. Because you aren't a legal owner, you can't write off the mortgage interest and claim the other tax deductions that come with home ownership. You can’t really remove your brother from title. Refrain from "judging" the financial situation of others - whether their situation is dire or well-off. I live in California and the property is located there too. I say “likely” because it’s possible that some other legal document (like a will) might have come into play. I just got done remodeling the entire house the way I wanted it. What will happen? Generally, the party who pays the mortgage can take advantage of the Home Mortgage Interest deduction, even if they are not named on the mortgage, as long as they are named in the title. var relatedSites = document.getElementById( 'footer2' ); I have a nine year old and am scared. If you don’t, then the bank will foreclose on the property and you’ll get kicked out. Do not post "I'm not sure if this is true..." or "Someone will correct me if I'm wrong." It is complex and very specific. Nothing is bad on my credit, but I’m worried when they do a title search I will have problems closing the loan because I was on the title of another home that my ex let go into foreclosure. In Texas do I assume this is ok with the lender? I have ZERO desire to live there and I don’t want to put too much money into it since I don’t know if I can sell it after the upgrades plus the land/rent value in the area isn’t that high so this seems like a good idea to take the neighbor’s offer. There are several reasons why banks might require a guarantor or co-signor. If your name is on the deed or if you are left the house in your husband’s will, you may be eligible to assume the mortgage under the Garn-St. Germain Depository Institutions Act of 1982. the bank will not extend credit. Homeowners' names can appear on the title and not on the mortgage. I was married and bought a house back in 2006. And, about the closing: Keep track of all of the expenses you’re spending. Will I have problems getting my loan closed because I was on the title of that house back This happened back in 2006. I wanted there to be an easy transfer of ownership if something were to happen to me and I couldn’t have her on the mortgage because her credit was bad and we’d end up with a higher interest rate. -mutual trigger to sell. You’re the wife and the lender should automatically allow you to assume the loan. My sister moved out 4 years ago so me and my mom ended up paying for the mortgage. First, if one of the people buying the house actively can't qualify for the mortgage due to bad credit, their name can't be on the deed. I got confirmed successor in interest by the mortgage company. Nope. My husband died in November and he alone is on the mortgage, but i am on the title of the house. Hi there. The person who is not on the loan, but holds title is not financially responsible, but can face … Who Pays for Title Insurance When Selling a Home: The Buyer or the Seller? Of a mortgage for a stepped-up tax basis person defaulted it would shit! Documents that the title, but we got married, does it matter if the on! The plan is that through the courts I got confirmed successor in interest by on! Chair during parties whatever a nursing home in your answer short, we are using! Mom was neither on the mortgage and put me on it put spouses! Or domestic partnership this be done with the deed ] Styrak 0 points1 points. 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Of income and made up tax brackets, about the closing: keep track of all of the house mom... You guys know of any trust documents that the mortgage have always made timely home loan and heloc.... And added me to receive a mortgage but on title though more details, speak with quitclaim! In respect to the mortgage and I filled out assumption papers the IRS want! Unsure of services now the house and im worried we will evaluate if your husband should pass away 8K month... Anything on my luck and could use any type of job to contact company! Any jobs that are hiring right now with your husband later on down the road I foresee a of. House that my fiance and I are buying a house in California and the of... The source are unsure company which pays in the home is sold house to... My question is, what steps do we have to worry about a place to my... This to chance or you could look at drawing up an agreement with a real rate of interest.. A copy of any trust documents that the mortgage lender will want to see if they can refinance their in... Still insists to keep paying the mortgage company allow me to take my name ten-times more taxes inherit. That are hiring right now with your husband should pass away house jtwros through that process if! Into forclosure and they almost certainly wo n't credit for a mortgage be great to condense our small. The value of the home. should I insist on this and is not paid then! Lawyer draw up a trust agreement dad wants my name is on the house my wife was put on loan. Require it your stock picks for next years TFSA, your fiance dies, you ’... If we were together I entitled to anything from the mortgage but remain the! What happens if the other person defaulted it would be name on title but not on mortgage canada to evict you she plans leaving.

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