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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
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Experience:  25 years experience as practicing attorney
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My son has been married since 10/10/2010. When they bought

Resolved Question:

My son has been married since 10/10/2010. When they bought their house his credit was not very good so they put the house in his wifes name. He cleaned up his credit and has asked for his name to be put on the house and the bank loan. They paid the house loan out of their joint account. Is he entitled to any money from the house since his name was not o the loan?

Plus I gave them $10,000 for the down payment. Could I get some of that money back?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
Do they want to sell the house or refinance the property?
I'm not certain how he would get any money out of the house any other way?
Customer: replied 1 year ago.

If they sell the house would he recieve half of the money they recieved after the mortage is paid off?


 


 


 


 


 

Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - While they are married this would simply be the same as any other marital, financial decision since it would be considered as marital property. A husband can't sue his wife for money from marital property so when they sell he would have to sign the deed and he could require that the check from the buyer be made payable to both he and his wife. As far as the money you put in that would be between you and your son and his wife as to whether this was a loan or a gift. If it was a loan you could claim the money based on the loan. As for the mortgage he has no way of getting his name on the loan unless the lender will agree to add him. I see no advantage for anyone to take on a debt they don't legally owe so that really would make no sense to get on a loan in this manner. The deed is the evidence of ownership and when the owner of real estate is married the real estate cannot be sold or transferred without the signatures of both spouses. It doesn't matter whose name is XXXXX XXXXX deed in that sense.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
Dave Kennett and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

They bought the house before they were married and it was in his wifes name. Once they married does that mean it is now it is marital property?

Expert:  Dave Kennett replied 1 year ago.
While they are married he would have to sign any deed to sell the property so it is marital property. If she would die then the property would be in her estate and he would have the right to his share regardless of whether she had a will. If they get divorced then there could be an issue as to prior owned property so your son would have to establish that the purchase was in anticipation of marriage and that he had contributed to the down payment. It always depends on the situation as to how the ownership would be viewed by a court. For now she is the only owner but he has a marital interest by virtue of being married.

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