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my name on the house deed?

My husband is in the process of buying a new house... we have 2 kids and I am a stay home mom for 2 years now. we are approaching the closing date and I am not sure if my name is on the deed. Should I address it or no? If yes how? please help!!!

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Kidist973

Asked by Kidist973 at 6:41 PM on Oct. 27, 2010 in Relationships

Level 2 (6 Credits)
Answers (10)
  • Well in my book if it is your husband then you BOTH are buying a house not just him. If your name is on the loan papers (you would have had to sign something already) they your name has to be on the deed in most states. Personally I would point blank ask him if he plans on putting your name on the deed and go from there.
    aeneva

    Answer by aeneva at 6:45 PM on Oct. 27, 2010

  • Yes, address it before the closing. If you are married then you have EVERY right to be on the deed, whether he is the breadwinner or not.

    I would simply bring it up calmly by asking something like "Honey, I haven't signed any papers on the new house. Does that mean the deed is going to be only in your name?" If he says yes tell him you are not comfortable with that or some other phrase and explain why to him. He might think you are being an alarmist but if Heaven forbid something were to happen to him and he didn't have a life insurance enough to cover the payments for a while, what would you do? They are less likely to foreclose on a house with joint owners (so I have heard) and in this economy banks ALWAYS like co-signers.
    NEMommaOf3

    Answer by NEMommaOf3 at 6:47 PM on Oct. 27, 2010

  • Do you have an attorney helping you with this or just the title company? Whoever is handeling it, please insist on a Survivorship or Payable on Death deed. You should set up your bank accounts that way as well, so in the event something happens, you wont have any legal probate issues. It protects both of you & your children. Good luck w/ the new house.
    mrsmom110

    Answer by mrsmom110 at 7:03 PM on Oct. 27, 2010

  • I'm not on the loan for our house (long story short, I have a great credit rating but I pay cash for everything and paid off my credit cards a year ago - so banks consider me a "credit risk" because I don't have a recent credit card history). However, my name is on the deed and I made sure of it. And yes I agree that in addition to your name on the deed, it should state "right to survivorship" so that it automatically is transfered to you should he die and you can avoid probate.
    kathyartist2007

    Answer by kathyartist2007 at 7:22 PM on Oct. 27, 2010

  • My name is not on the loan since I have no source of income at the moment. But I do want my name on it and Im trying to approach it the right way. I don;t want to sound like I am predicting a fall out between me and him...... SIGH
    Thanks so much for replies. Love this site:)
    Kidist973

    Comment by Kidist973 (original poster) at 7:38 PM on Oct. 27, 2010

  • Could you approach it as a question? Like "I was just wondering since we're married if both our names go on the deed?" I wouldn't add "Or just your's?" since that leaves it as a yes from him (if it's just his name on there) and no room for discussion about it. Then bring up what would happed if he (God forbid!!) pass away and only his name was on the deed...what happens to the house? He wouldn't want ya on the street with his children, right?

    Good luck momma!
    michelle121003

    Answer by michelle121003 at 8:33 PM on Oct. 27, 2010

  • Yes, absolutely. But it might not matter if yours is a common law state.
    TwoBrownDogs

    Answer by TwoBrownDogs at 8:38 PM on Oct. 27, 2010

  • I am a stay at home mom, we just refinanced our house and my name is on all of the loan documents-you better address this right now. I don't care if you have no take home income you provide for the family just as much as he does and there is no reason on earth that your name shouldn't be on the house deed. I am with poster #1 you and your husband are buying a house, not just him. If that is the way that you and your husband see things maybe that is the reason you are not on the deed.
    AshleyBishop06

    Answer by AshleyBishop06 at 10:33 PM on Oct. 27, 2010

  • We just bought a house - my husband's name is the only one on the mortgage, but my name is on the deed with his - I wanted it this way. My reasoning - he has the income and pays the bills, so why should I have my name on the mortgage and have that debt (unless it was to build credit, which could be an issue to raise in your case, but is not in mine). I also feel that the way he takes care of himself, that he is probably not going to out-live me !! So, I have enough life insurance on him to pay off the house if he dies and since the deed is also in my name, there will be no issues on who owns the house !!

    You DO want your name on that deed - otherwise the house belongs solely to him and stay-at-home moms work just as hard toward making that household as he does bringing in the paycheck !!! You have EVERY RIGHT to ask that your name be on that deed. If your name IS on the mortgage, then definitely yes also !
    JustMyOpinion22

    Answer by JustMyOpinion22 at 5:22 AM on Oct. 28, 2010

  • I wonder why you are nervous about asking him and walking on egg shells to bring up the subject. Does he get upset easily? This is a subject that should be brought up without any hesitation. You are equal partners. He isn't hesitating on putting his name alone on the papers. It's a matter of respect and treating you as an equal partner. Of course you are not planning on a divorce. You just want to be treated like a wife.
    kathyartist2007

    Answer by kathyartist2007 at 12:04 PM on Oct. 28, 2010

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