We Are Getting Divorced I Am Not On The Mortgage But On The Title. If The House Is Sold In A Short

I am on the deed but not the mortgage to my house?

For one thing, if you are on the deed, you own half of the house. The mortgage is just about who has to pay the bank (although I'm surprised the bank let him get a mortgage without having you sign it).

For another, who's on the deed only really matters if you are NOT married. If you are married, judges in most states redistribute the assets during a divorce without regard to who's name is on the deed. What state are you in?

If you do get divorced, you have a decent chance of ending up with the house. I would advise you NOT to try. Getting a house you can't afford is a pyrrhic victory. Lots of women end upo struggling because they just can't afford the house. A better move is to have the house sold and split the proceeds, or have him "buy you out" and pay you money for your share.

You also may be able to get alimony or child support.

I am getting a divorce and my husband says I am not entitled to any money because the house is in his name.?

Could be sticky because Virginia divides marital property "equally." You are entitled to equal portion of all assets earned while you were 2 were married. There are exceptions like bringing in property and money prior to the marriage or receiving an inheritance while you were married and it keeping it separate. I would *assume* that if the home was purchased while you were married that it would be divided equally; however, I would ask why you did not insist having your name on the mortgage. If he brought the house into the marriage, then by law, he is entitled to it.

As an aside, I hear this from a lot of women whose men try to strong arm their wives into believing they are not entitled to anything because they did not work. This is NOT the case.
Please get yourself a good lawyer who will represent your best interests.

And by the way, DON"T listen to your husband and don't listen to the guy above who said if you paid for half. IT DOESN"T matter and TOTALLY irrelevant. You were legally married and it doesn't matter if you guys split the house payments 50/50, you bought the house, or he bought the house.

re: you can do a pro se divorce in Virginia. Also, lots of information on-line., Use it to your benefit. Shell out the money for a lawyer. You will need one since you do not work
and the divorce might require alimony payments, etc.

If i have a mortgage before divorce?

Thinking about getting divorsed already? when you're not even married. I hear a "will you marry me?" followed by a "just sign this little prenump baby, and you can have the ring, I love you".... ok, I tease, but i had to.

It really just depends on circumstances of marriage, how you lived together, what support she gets, you get.. how things are separated and honestly, how good of a lawyer she has.

Maybe you will marry some woman that has her own house? Maybe you will marry some wealthy woman and she Doesnt need you?
Are you suggesting that any woman you marry will end up in divorse and want to screw you over and take your house?
Ei-yi-yi// good thing you are NOT married and only 21.

Getting my name off Ex's mortgage?

My ex-husband had a year from August 07 to refinance the house and take my name off it. He hasn't been able to hold a job (hence why I left him) and now today he got fired. Is there any legal action I can take in August to have the courts remove my name off the mortgage? I pray his parents cover it....

I want to build a house next year and I can't do anything if my name is still on the mortgage, the divorce settlement quick claimed my name off the title....

Divorce and the house husbands name only on title for house but both names on loans?

I am getting divorced and my name is not on the title to the house it is only on the mortgage loan and home equity loan, does this mean I am not entitled to anything from the house when we divorce, I am at my wits end now I thought my name was on the title to the house , I was just informed it is not on title only on loans
am I still entitled to anything now or not? he purchased the house in 1998 we got married in 2001
he has supported me since 1998 due to me not working due to health issues

Married , but my name is not on house deeds or mortgage ?

Ouch, I to have been in a similar situation as you, only my hubby bought our home and within two months we were married, but the real key here is that we were married for 8 years not 7 months, and that is gonna be your problem as courts hardly even see that a marriage even existed as it was so short lived, I also used to work in a law office and have seen this to, if you lived in the state of california, Id say you have a great chance of receiving somthing, but in the state in which you reside chances are next to 0, unless you can show something that proves that you contributed to the housepayments, and even then, they will and can deduct money as you would have paid rent at wherever you were living, so it would be a small amount. Regardless, being married for 7 months doesnt give you many rights nor assets, so I have to say, dont waste your time and money hiring a attorney on this, as you will lose, sorry, Im just telling it to you like it is.

Can my wife take my house after divorce if she isn't on the mortgage note?

Being in a community property state, if for some reason one spouse is not on the mortgage loan, the mortgage lender would, by law, require the spouse not on the mortgage to sign a document of acknowledgement that they would not have any legal standing in the property. Unless this document is signed the mortgage loan would not close.

The spouse on the mortgage loan would then be recorded as the sole owner of the property.

Once the mortgage loan has closed,the title company would have previously prepared a different deed with the spouse not on the mortgage that would add this spouse to the property deed thus giving this spouse a share of the property,depending on the deed recorded. Normally right of survivor-ship is the deed signed and recorded .

Once this is title deed is signed and recorded, your spouse is now in a position to make decisions as if the property would be refinanced, sold or any other transaction. Without this spouses signature there is nothing you as the person on the mortgage loan is able to do, without the signature of the spouse not on the mortgage loan. This spouse has as many or equal rights to the property as the spouse on the mortgage loan

In your case the divorce judge would determine how this marriageable assets are divided. There are many scenarios, however, only speculation on the part of members of this forum as the judge would make the final determination. In most cases the finances or children of both spouses would be the factor in the judge's decision.

Between you, your divorce attorney and her and her divorce attorney there might be an agreed upon settlement where one would be able to keep the house and make the monthly mortgage payments. Without this type of arrangements of agreements the divorce judge would make the decision as to how this asset would be divided.

I hope this has been of some benefit to you, good luck.

'FIGHT ON"