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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I am recently married. We are in our 50's, second marriage

Customer Question

I am recently married. We are in our 50's, second marriage for us both. We are not looking to buy a house. My wife does not have the best credit so I will be applying and signing the mortgage. Two part question...I have done research and it is not clear how I would be able to add her to the deed of trust without triggering the due on sale clause and can I add her and how? Second part is if we divorced...have to just know this, and I am on the mortgage and she is on the deed of trust can she put me in the position where I would have to continue to pay the mortgage to protect my credit and foreclosure because she is on the deed?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Depending on the wording of the mortgage you may not be able to add her without their permission. Is there a particular reason you want her name on it?

Yes, just one of you being on the mortgage and both of you being on the deed can cause a problem in a divorce but just buying a house can cause a problem if there is a divorce. The court in a divorce does not have the authority to make any orders affecting the rights of the mortgage company since they are not a party. Also, let's assume your wife gets the house in the divorce, the judge can order her to get it financed in her name but if she tries and is unable to do so, then there is really nothing the judge can do about it so you're back in the same situation where if she doesn't pay then you have to in order to protect your credit.

What is key is when the property was obtained, before or after marriage, not whose name is ***** ***** deed. If the property is acquired during marriage then it is presumed to be community/marital property. If it was acquired when you're not married then it is presumed to be separate property.

I have to step away for about thirty minutes but will return after that. Please post any questions you have in this thread and I will pick up and continue when I return.

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