The person who is on the mortgage is legally responsible for paying the debt. If the debt is not paid the bank will take possession of the property. The division of the property will be addressed through negotiation by the attorneys representing the parties or by a judicial order.
“husband and wife live together but file separately. both are itemizing deductions. husband pays mortgage and r/e taxes. house in both names. does the mortgage interest and r/e taxes have to be split if all paid by husband or is husband entitled to take full deduction.”
If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.If the mortgage isn't paid the lender will take possession of the property by foreclosure. If you signed the mortgage then you are responsible for paying the debt on your husband's property. You need to consult with an attorney about having your husband's estate probated. If you're not on the deed the property is part of his estate and his estate must be probated in order for title to pass to his heirs.
yes
She divorced both of her husbands.
Someone made a big mistake when they gave only the wife a mortgage. The lender can foreclose on only her half interest in the property, not the husband's interest. The lender's interest will then depend upon how the couple held title. Depending on the state where the property is located a tenancy by the entirety would create the most difficult stuation for the lender. You should speak with an attorney to determine the status of that mortgage and your rights in your particular state.
Yes, the husband can rent the house if he has the Mortgage in his name but the Deed of Trust is shared.
you dont have to have both people on the title.
You have to apply for a mortgage jointly for both people to be listed on a mortgage. You can however have your name added to a title of a house with simple paperwork.
I'm not sure if it varies from state to state, but we were able to do that. The mortgage is in my husband's name, yet both of our names appear on the deed.
It depends on the state, but generally the answer is yes. In states that allow it, if you solely have enough income to refinance in your own name, you can leave your husband off the note and deed (mortgage) and take title as a married woman her sole and separate property. It will also depend on the lender. Some will want him on the title but not the note (due to bad credit). Just call a few lenders and see what they can or can't do.If both own the property by deed then both will need to sign the mortgage so that the lender can take possession by foreclosure in the case of a default.
A deed of trust is similar to a mortgage. A husband does not "hold" ownership by a deed of trust. Ho holds title by virtue of a deed showing him as the grantee. He would grant (and sign) a deed of trust in order to borrow money using the property as security for the loan.If both husband and wife hold title then both must sign the deed of trust. If only the husband holds title and the couple resides at the property under a homestead exemption then both must sign. This is a complicated issue. If you have further questions you should consult with an attorney.
Still the wife.