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I Have a question about primary residence rights for a

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I Have a question about primary residence rights for a spouse who has been contributing to half the mortgage for 4 years and was left out of the title 4 years earlier even though they had just been married when the property was purchased?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

We live in Tennessee but moved from Florida one month after getting married there.

Lawyer's Assistant: Has anything been filed or reported?

The property is our primary residence but nothing has been reported

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is an application for a loan and I was told that I didn’t need to sign any documents because it is not a marital asset. Is that correct.

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
11/17/2017
Lawyer: LegalKnowledge, Attorney replied 8 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,379
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

Good morning. Was the home purchased wile you were married? I understand the spouse is not on title but when was the home purchased?

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Customer reply replied 8 months ago
It was purchase one month after we got married in the state of Florida. the process of the loan had started by that time so I believe that the loan application was signed as single because I did not ding any documents. By the way the down payment was provided by my wife so I do agree that the money she put as down payment is hers. What I’m questioning is my rights to 50% of the appreciation over the last four years and if she is entitled to refinance without my signature since the home is our primary residence.
Lawyer: LegalKnowledge, Attorney replied 8 months ago
If the home was purchased during the marriage, it would be considered a martial asset. As such, you should be entitled to half of the appreciation over this time. Now, since she was only on the loan is why you may not need to sign since she was the only borrower but it would be martial property so if it is refinanced you should be added to title if you are married.
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Customer reply replied 8 months ago
What I want to know is what is my legal position with regards ***** ***** property in light of the information provided. Do the federal lending laws require the lender to have the borrower spouse sign if the property is our primary residence?
Lawyer: LegalKnowledge, Attorney replied 8 months ago
they would since you have a legal right and interest in it. You should be required to be on title or sign off and allow this to be done but if the lender is not requiring it and allowing her to proceed, you need to see why and the basis for it. There could be an issue with what transpired prior to the marriage with the loan and what overlapped.
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Lawyer: LegalKnowledge, Attorney replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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