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oliverma08 · Jul 14, 2008, 10:44 AM

Can I refinance my home without my husband? The house is deeded to him only but we both are on the mortgage loan with me listed as primary.

George_1950 · Jul 14, 2008, 01:12 PM

Welcome to AMHD. You may be able to refinance with the same lender without your husband, but you would have no collateral to offer a new lender.

Fr_Chuck · Jul 14, 2008, 02:56 PM

It is doubtful, since your name is not on the home, you can not place a mortgage on a home you don't own. He could refi without you, since your name is not on the mortgage ( and why is it not)

oliverma08 · Jul 14, 2008, 04:17 PM

Originally Posted by Fr_Chuck

It is doubtful, since your name is not on the home, you can not place a mortage on a home you don't own. He could refi without you, since your name is not on the mortage ( and why is it not)

I am on the mortgage as primary and he is a co-signer since he didn't have the work history and credit history as I do. The house was deeded over to him by his parents and they did not want to put my name on the deed in fear of losing it. But it was I who worked to pay for it. I was told by a lawyer that since he put a mortgage on it then he forfeited any rights as sole owner of the property. Since he acquired the property after we were married and have been for 23 years I am thinking that I am half owner of the property whether my name is on the title or not.

Fr_Chuck · Jul 14, 2008, 05:30 PM

You may want a second opinon on that legal advice as to the mortgage giving you "ownership" the mortgage holds you liable for the mortgage, but the inheritance laws of your state and/or the will will decide who gets your husbands share of the home since he has never added you to the deed.

A mortgage must have the property assigned to back the loan. So if you don't own the property, you can not promice that property to the bank for the loan. I mean if the bank is silly enough to do this, it could seriously hurt them if they tried latter to foreclose,

George_1950 · Jul 14, 2008, 07:16 PM

Originally Posted by oliverma08

[F]
... I was told by a lawyer that since he put a mortgage on it then he forfeited any rights as sole owner of the property. Since he aquired the property after we were married and have been for 23 years....

You can't acquire title until the happening of some event, such as, your husband conveying the property to himself and you as joint owners. As I said, you may be able to refinance with your current lender because the property is already pledged as collateral.