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Home ownership: wife not on Deed
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amother
Hotpink


 

Post Mon, Nov 20 2017, 2:45 pm
If a married couple buys a house and the wife's name is not put on the Deed, and then c"v the husband passes away, does the wife have a legal right to the house?
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Miri7




 
 
    
 

Post Mon, Nov 20 2017, 2:51 pm
You need to ask an attorney in your state. This can all depend on how the husband holds title to the house, if others hold an interest in the home, any will or trust that may have been established, and other factors. I urge you to contact an attorney in your area.
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amother
Salmon


 

Post Mon, Nov 20 2017, 3:07 pm
amother wrote:
If a married couple buys a house and the wife's name is not put on the Deed, and then c"v the husband passes away, does the wife have a legal right to the house?


Chances are that it will pass through the will, or through the laws of intestate succession in your state. For example, if your spouse has children through a previous relationship, they may be entitled to a portion of the house. You may also be liable to pay taxes.

I cannot think of a single good reason not to have both names on the deed.
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amother
Hotpink


 

Post Mon, Nov 20 2017, 3:15 pm
There's no Will as yet.

This is in NYS.

The house has already been bought and the husband is the free-and-clear owner.

Wife not put on the Deed as co-owner because they were afraid that her defaulted student loans acquired before marriage would be a detriment, line maybe the govt can take put a lien on the house.

They're youngish, late 20s, bought the house when $$$ became available and didn't ask for guidance. Now the wife is asking me about it, and I've been googling, but haven't found a definitive answer.
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amother
Pearl


 

Post Mon, Nov 20 2017, 3:17 pm
amother wrote:
There's no Will as yet.

This is in NYS.

The house has already been bought and the husband is the free-and-clear owner.

Wife not put on the Deed as co-owner because they were afraid that her defaulted student loans acquired before marriage would be a detriment, line maybe the govt can take put a lien on the house.

They're youngish, late 20s, bought the house when $$$ became available and didn't ask for guidance. Now the wife is asking me about it, and I've been googling, but haven't found a definitive answer.


As an above poster said, there are a lot of variables. She really needs to consult an attorney. Even if she’d get the house in her present situation, her husband could take action in the future without her knowledge that would limit her rights.
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amother
Coral


 

Post Mon, Nov 20 2017, 3:18 pm
amother wrote:
Chances are that it will pass through the will, or through the laws of intestate succession in your state. For example, if your spouse has children through a previous relationship, they may be entitled to a portion of the house. You may also be liable to pay taxes.

I cannot think of a single good reason not to have both names on the deed.


One reason is if the wife works in a high risk type of profession and she does not want any assets to be personally held in her name.
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33055




 
 
    
 

Post Mon, Nov 20 2017, 3:18 pm
amother wrote:
There's no Will as yet.

This is in NYS.

The house has already been bought and the husband is the free-and-clear owner.

Wife not put on the Deed as co-owner because they were afraid that her defaulted student loans acquired before marriage would be a detriment, line maybe the govt can take put a lien on the house.

They're youngish, late 20s, bought the house when $$$ became available and didn't ask for guidance. Now the wife is asking me about it, and I've been googling, but haven't found a definitive answer.


Are there children involved? When you say free and clear owner, is there a mortgage?

And why is the wife asking you? Just curious because this doesn't seem your field.
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amother
Salmon


 

Post Mon, Nov 20 2017, 3:30 pm
amother wrote:
One reason is if the wife works in a high risk type of profession and she does not want any assets to be personally held in her name.


In many or most states, a personal lien against one spouse may not be placed against property owned by both spouses as tenants by the entirety.

Not legal advice, yadda, yadda. But please get legal advice before assuming that one person being higher risk affects joint property.
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mommish613




 
 
    
 

Post Mon, Nov 20 2017, 3:36 pm
amother wrote:
As an above poster said, there are a lot of variables. She really needs to consult an attorney. Even if she’d get the house in her present situation, her husband could take action in the future without her knowledge that would limit her rights.


This.

I would be more concerned with the husband taking out a mortgage without his wife's knowledge than worrying about what happens when he dies. I think in New York State the house should pass to the surviving spouse but please confirm with an attorney before dispensing or accepting legal advice.
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amother
Hotpink


 

Post Mon, Nov 20 2017, 3:37 pm
Squishy wrote:
Are there children involved? When you say free and clear owner, is there a mortgage?

And why is the wife asking you? Just curious because this doesn't seem your field.



She's pregnant with their first child.
Free-and-clear, meaning he's the sole owner with no debt, except that mortgage.

This is so not my field. This is my sister confiding in me. Her husband is healthy, but now that a baby is on the way, she's thinking more.
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amother
Hotpink


 

Post Mon, Nov 20 2017, 3:41 pm
mommish613 wrote:
This.

I would be more concerned with the husband taking out a mortgage without his wife's knowledge than worrying about what happens when he dies. I think in New York State the house should pass to the surviving spouse but please confirm with an attorney before dispensing or accepting legal advice.



Thanks.
She knew he was taking out the mortgage. No deception. Again, they were concerned about her debt.

The best answer I'm seeing is that an attorney should be asked. I just thought of asking here in case someone knows about these things.
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amother
Burlywood


 

Post Mon, Nov 20 2017, 3:46 pm
amother wrote:
She's pregnant with their first child.
Free-and-clear, meaning he's the sole owner with no debt, except that mortgage.

This is so not my field. This is my sister confiding in me. Her husband is healthy, but now that a baby is on the way, she's thinking more.

Owning a home 'free-and-clear' means that he owns 100% off the home and does not have a mortgage out on the home. As in he either paid for it in cash or already paid back the mortgage and now the house is all his, not partly the bank's.
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amother
Salmon


 

Post Mon, Nov 20 2017, 3:46 pm
amother wrote:
She's pregnant with their first child.
Free-and-clear, meaning he's the sole owner with no debt, except that mortgage.

This is so not my field. This is my sister confiding in me. Her husband is healthy, but now that a baby is on the way, she's thinking more.


Your best advice is to tell her to consult an attorney.

First of all, student loan debt doesn't just disappear. She needs to make her peace and get on a payment schedule. Because otherwise, one of these days, she will be in court. Or if chas v'shalom, she needs Social Security, it will be garnished. Or her wages will be garnished. Or if something happens to her husband, the lien will attach to the house. And the interest just keeps piling on.

Next, everything is great today. B'shaa tova. But what happens if its not so great in 5 years. He can take on a second mortgage without telling her. He can sell the house, pocket the money, and mover to Belize, and she can't stop him. She can sue for money, sure. Good luck with that.
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33055




 
 
    
 

Post Mon, Nov 20 2017, 3:50 pm
amother wrote:
She's pregnant with their first child.
Free-and-clear, meaning he's the sole owner with no debt, except that mortgage.

This is so not my field. This is my sister confiding in me. Her husband is healthy, but now that a baby is on the way, she's thinking more.


He doesn't own the house free and clear if there is a mortgage. Don't worry, this is a common mistake. But definitely see an attorney. I am surprised they didn't ask thier real estate attorney as there are creditor protections if the husband and wife buy the house together.

There are alternatives like life estate deeds and variations thereof that an attorney can advise them on.

This isn't legal advice.
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lavenderchimes




 
 
    
 

Post Mon, Nov 20 2017, 3:59 pm
Your sister and her husband should consult with an attorney. Is there a reason that they don't want to do so?

My understanding is that if chas v'sholam he dies, even if the house goes to her, the mortgage will NOT be transferable, and she will have to get her own mortgage. This may be a problem with her debt. She also needs to take steps to keep her student loans in good standing, if they aren't already. The student loan people will help her find the best way to do that -- I know because of plenty of experience. She also needs to take active steps to increase her credit score, especially given the debt she is carrying. I'm not sure the deed is a problem here, but there are for sure other problems that need to be worked out.
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amother
Powderblue


 

Post Mon, Nov 20 2017, 4:22 pm
Baby on board! It’s time to draft or revise wills, and reconsider life insurance policies. The topic of this property should be part of the greater discussion with the wills lawyer.
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thunderstorm




 
 
    
 

Post Mon, Nov 20 2017, 4:27 pm
A real estate attorney can assist answering these questions.
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amother
Hotpink


 

Post Mon, Nov 20 2017, 4:37 pm
So it's more complicated than I thought. Ok, my best advice to her seems to be asking an attorney. My dh and I rent I don't have personal experience.

As far as she tells me, and I believe her, they have no other issues financial or otherwise except for their fear of her loan.

I'll tell her she needs to get a Will, too.
Again, this is all over my head because we don't own and we made Wills when we got life insurance years ago.

Thanks for the help!
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amother
Hotpink


 

Post Mon, Nov 20 2017, 4:43 pm
lavenderchimes wrote:
Your sister and her husband should consult with an attorney. Is there a reason that they don't want to do so?

My understanding is that if chas v'sholam he dies, even if the house goes to her, the mortgage will NOT be transferable, and she will have to get her own mortgage. This may be a problem with her debt. She also needs to take steps to keep her student loans in good standing, if they aren't already. The student loan people will help her find the best way to do that -- I know because of plenty of experience. She also needs to take active steps to increase her credit score, especially given the debt she is carrying. I'm not sure the deed is a problem here, but there are for sure other problems that need to be worked out.


No reason that she's said about not consulting an attorney. I truly believe they just went to a real estate agent, got scared by her debt, and put the house in his name.

She's has a clerical job, not much money, but I told her she should put her paycheck into paying down the debt which is less than $20,000. They can afford it for now, even though it'll be tight.
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amother
Cyan


 

Post Mon, Nov 20 2017, 4:46 pm
Op is clearly the sister here.
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