Is your house in both your name and your spouse's name?

[Scarlett]

That is all. I might do a poll if I can figure it out.

[DawnM]

Both.  I signed all 988 pages of the loan application, so my name better be on there!

[Um_2_4]

In a living trust that names both of us as executors. So I put Other.

[HTRMom]

Yes.

 

 

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[Serenade]

Yes, the house and every major thing we've bought since our marriage is in both of our names. Although when we got married, I moved into DH's house and lived there for 16 years. We never bothered to put my name on it because we didn't want to waste the money on that process.

Edited May 24, 2017 by Serenade

[Night Elf]

I wouldn't feel comfortable if we both weren't on there.

[Crimson Wife]

We live in a community property state anyways, but yes.

[Happy]

It's in both of our names as is the second home we just bought for our adult kid to rent from us.

 

When we purchased this home 17 years ago, I was a homeschool mom--having the house-deed and mortgage-in both our names helped me have some credit history later on. Plus there is no doubt who owns the home if something happens to one of us.

 

 

[SKL]

Other.  I bought the house jointly with two friends, decades ago.  The three of us are on the house.

[Scarlett]

We live in a community property state anyways, but yes.

 

 

So if you had a house pre-marriage your current spouse would have an interest in it?

[ikslo]

House is in both our names.  But my car is all mine.  :coolgleamA: 

[Butter]

Our current house, both.  He was the only one on our first house because he bought it before we got married.  We kept meaning to put me on it, but never did before we sold it.

[PrincessMommy]

both

[Selkie]

Our house and everything else we own is in both our names.

[Julie Smith]

We do own a second house in another province, which we rent out, at cost to some family members. I am not on the deed to that house. But, all going according to plan, and it has for the last several years, those family members will buy the house from us for the amount we paid for the down payment. 

 

One thing that surprised me, at the time Dh was buying the house, I didn't have to sign anything, or do anything. He could have used our current savings and house, to just buy a second house and not tell me. (He of course did, and it was something we discussed together before hand)

[Scarlett]

We do own a second house in another province, which we rent out, at cost to some family members. I am not on the deed to that house. But, all going according to plan, and it has for the last several years, those family members will buy the house from us for the amount we paid for the down payment. 

 

One thing that surprised me, at the time Dh was buying the house, I didn't have to sign anything, or do anything. He could have used our current savings and house, to just buy a second house and not tell me. (He of course did, and it was something we discussed together before hand)

 

 

In many states it is one to buy two to sell.  Even if your name is not on the deed you have to sign when he sells.

 

I experienced that in the last house I had....I didn't even know dh when I bought it.  When we sold it after we married he had to sign off on it.  

[Wheres Toto]

No, because dh had it before we got married. I'm also in a community property state though. I'm not on the mortgage either.

[zoobie]

So if you had a house pre-marriage your current spouse would have an interest in it?

 

Not if you paid for the house in full before the marriage. If you have been paying the mortgage using marital funds, the spouse would acquire an interest relative to the amount paid during the marriage. 

[Scarlett]

Not if you paid for the house in full before the marriage. If you have been paying the mortgage using marital funds, the spouse would acquire an interest relative to the amount paid during the marriage. 

 

 

Interesting.  What if you had the house paid for in full before the marriage and took out a small loan for improvements?

[zoobie]

Interesting.  What if you had the house paid for in full before the marriage and took out a small loan for improvements?

 

 

This is going off long ago theoretical family law from law school, but I would guess the loan would create a marital property interest you repaid it with marital funds. You would have to use separate property funds (savings pre-marriage or inheritances) to pay the loan to keep the house wholly separate. 

 

(Obviously not actual legal advice! Just hypothetical chatting on the interwebs. :) )

Edited May 24, 2017 by zoobie

[UncleEJ]

In many states it is one to buy two to sell. Even if your name is not on the deed you have to sign when he sells.

 

I experienced that in the last house I had....I didn't even know dh when I bought it. When we sold it after we married he had to sign off on it.

Yes, to this. DH bought his first house before we were married, but I had to sign when we sold it after we were married.

[Scarlett]

This is going off long ago theoretical family law from law school, but I would guess the loan would create a marital property interest you repaid it with marital funds. You would have to use separate property funds (savings pre-marriage or inheritances) to pay the loan to keep the house wholly separate. 

 

(Obviously not actual legal advice! Just hypothetical chatting on the interwebs. :) )

 

 

Yes.  That is what I am thinking.  

[AmandaVT]

I had crappy credit when we originally bought this house in 2006, so it was just in his name, otherwise, we wouldn't have qualified for a mortgage. My credit problems were from college and I had worked hard to bring my score back up, so when we refinanced in 2012, we were able to put it in both of our names.

 

Cars are in both because it didn't occur to us to do otherwise. 

 

His student loan debt is all his though. :-) 

[Audrey]

No.  The farm is a 5th generation (so far) family farm and is in his name only. 

[shawthorne44]

Our home is in his just because it was easier that way.   We paid cash and that way I didn't have to go to the closing.  The rental house that had been mine before marriage is still in my name only.   

[luuknam]

So, we rent, but I voted "my spouse and myself" because that's how it was when we owned. It's also how the rent thing is, fwiw.

[Laura Corin]

Both, on this house and on the flat we rent out.

[Catwoman]

Both of our names are on two of our houses, but the third one is in my name only because I have had it forever and just never got around to putting another name on the deed. I have always planned to give that house to ds17 when he gets a little older anyway, so there's no real need to bother putting dh's name on it.

[TravelingChris]

Both of us are own our house but we do have a mortgage which we are also both liable. Both dh's and my car are in both names but what is strange is that dh's car has my name first but my car has his name first. I think that dh and I are also on dd's car and she isn't yet/ We bought the car for her when she was 16.

[Myra]

In a living trust that names both of us as executors. So I put Other.

 

Would you mind telling more about advantages/disadvantages to living trust for your home...

[Amy in NH]

His name is on the mortgage. We couldn't qualify with me on the loan because he has all the income and I have all the student loan debt. Even with an income based repayment plan with $0 payments, the mortgage company included what the full monthly payment would be if it wasn't in an ibrp. So he applied without me and got the loan.

 

But my name is on all the other legal paperwork (deed, etc.).

[MaryMak07]

Only hubby is on the mortgage.

 

Both names are on the deed.

[Melissa in Australia]

Spouse only he owned property before we met. We own other properties. Some are in my name only,

[StephanieZ]

So if you had a house pre-marriage your current spouse would have an interest in it?

 

Generally, yes, I believe, especially if you'd merged your finances in general. I think in general, either the house would totally become community property after some time, or the original owner might have *more* interest in it, but, for sure, the growth in value during the marriage would be community property unless there was a prenup that prevented that. 

 

(I'm not a lawyer.)

[Guest]

Nearly 200 votes and I'm the first one to vote "I rent"??? Hmph!

[Mergath]

Nearly 200 votes and I'm the first one to vote "I rent"??? Hmph!

 

I'm guessing most of the renters didn't bother opening this thread as it doesn't really apply. I don't think that's the actual ratio of owners to renters here. ;)

Edited May 24, 2017 by Mergath

[Guest]

I'm guessing most of the renters didn't bother opening this thread as it doesn't really apply. I don't think that's the actual ratio of owners to renters here. ;)

Apparently the other renters aren't as nosey as I am. 😜

[Scarlett]

Nearly 200 votes and I'm the first one to vote "I rent"??? Hmph!

It wasn't an attempt to isolate renters! I just wanted a place for everyone to land.

 

I probably need to add Dh to the deed. I definitely would want him to have the house if I died.

[MotherGoose]

But the mortgage is only in his name! :)

[slackermom]

I am on the deed, but not the mortgage.

[Scarlett]

I don't think there is any way I will add him to the deed while there is a HELOC open. The goal is five years to pay off HELOC.

 

I think i need a will though.

Edited May 25, 2017 by Scarlett

[Anne]

You each have children, but not jointly - please make a will!! Both of you need wills to protect yourselves and your children and to reduce drama in the event of a death.

 

Please make a will!!

 

Anne

[Danestress]

Ironically, both the vehicles are in my name only. The reason for that is all practical. The BMV is only open during his work hours, so I just go do it rather than us trying to take forever figuring out how to get him there.

Find the time. I have heard from multiple friends that the process of transferring a title from one name to two is so much easier than transferring it from one to another after a death. I have both cars in my name too, and we are going to take care of this soon. I don't want him to have that headache when he will have many other things to deal with should I die.

[Tangerine]

Hey. Fun story! When buying my first house with my husband, the lawyer asked to speak with my husband alone at the closing (I either wasn't there yet or didn't notice) and asked him if he was sure he wanted to put my name on everything. Because that makes things more complicated...down the road. We are in the process of buying again. We are not using that gentleman this time around.

[AimeeM]

I'm on the deed, but not the mortgage. 

[Caclcoca]

I am also on the deed, but I am not on the mortgage.  

[Rachel]

I don't think there is any way I will add him to the deed while there is a HELOC open. The goal is five years to pay off HELOC.

 

I think i need a will though.

Yes make a will!

[PinkyandtheBrains.]

Our house was in my husband's name only. We don't have it anymore but it really bothered me I wasn't on it too.

[Scarlett]

Our house was in my husband's name only. We don't have it anymore but it really bothered me I wasn't on it too.

Hmm. I hope it doesn't bug Dh that way.

[Liz CA]

In a common property law state, it does not make an iota of difference. Otherwise, it would likely cause issues if one spouse passed away.

All our houses were in both names.