Recently my husband and I refinanced our home. I assumed that I was a joint/half owner, but when I tried using my SS # to access our mort. account by phone I was told that I am ONLY on the note so I had to use his SS #. Meaning, so they said, that they could never go after me for payment.

I remember the broker telling me when we signed the closing papers that I was on the important document when I questioned why my husband was signing some documents and I was not required to sign them 'cause my name was not on them.

Am I half owner of this house or not? What would happen if I should decide to divorce my husband in the future or he me?

Thanks for any help...It seems every time we refinance I'm left out of the loop. BTW, I am presently a homemaker and not bringing in OUTSIDE money.

RickJ

Technically, it sounds like you are not a part owner. The red flag was what your broker said.

Now in reality, you've probably heard that "posession is 9/10th of the law".

If you were to divorce, the fact that you are not on the note may or may not be meaningful. To boot, the fact that you live in it together as a married couple also makes your name on it possibly less meaningful.

If you are really concerned about it, I would contact the mtg co to let them know it was written up incorrectly and that you'd like to be added - so that it's in both of your names. They will instruct you on their procedure for doing so.

Scarlett

Thank you for your reply. As I stated, I was told by the mort. company that I AM on the note only. The broker seemed to indicate that that was the most imp. doc. to be included on. (?)

Scarlett

I called the broker and she assures me after looking at their records that I am on the title/mort. and the note. The loan though she said was only run through with my husband's name.

RickJ

That sounds great and completely possible: That you are on the title but not on the loan.

...but typically the loan is referred to as the "note", so I wonder what he meant by you being on the note but not on the loan?

LisaB4657

Here are the basics:

1. The title to the property is the deed. The names on the deed are the owners of the property.

2. The note is the loan. It is sometimes called the mortgage note. It is the document that says there is an obligation to pay back the loan. The person whose name is on the note is liable for repayment of the loan.

3. The mortgage is the security for the loan. It says that if the person doesn't pay back the loan then the lender can take the property listed in the mortgage, sell it and use the money to pay off the loan. If the property doesn't sell for enough money to pay off the loan, then the person listed on the note has to come up with the balance. All owners of the property must sign the mortgage.

In your situation the most important thing is that your name is on the deed. If your name is on the deed then you are an owner of the property. If your name is on the note then you are personally liable to repay the loan. It sounds like your name is on the deed and the mortgage, but only your husband's name is on the note. This is not a bad thing for you.

fredg

Hi,
Your deed, as you say, has your name on it, too. You own the property.
Your deed to your property should read, for example, "John Doe and/or Mrs. Jane Doe".
If your deed reads "John Doe and Mrs. Jane Doe", then if he dies, your property could possibly be turned over to his estate, or the court, depending on the state in which you live, and you would have to pay court or estate costs to have the property put in your name only.
By having it read, "and/or", or just "or", you would have no problem. The property would be immediately yours.
It does sound as if the mortgage, or note, is to be paid by him, not you.