View Full Version : Name on Title
Jane Demers
Feb 13, 2009, 07:29 AM
My husband and I have lived in the same house for 18 years. This house will be
Paid off soon. My name is on the loan, but my husband never put me on the title.
If we had a divorce or he passed away. What problems would I have and would
I be intitled to the home. Would I have to go through any court hearing etc.
{e-mail address removed}
JudyKayTee
Feb 13, 2009, 07:51 AM
Please don't post your email address - all responses will be on this board. What would happen if you divorce depends on the State and other circumstances - did he own the house before you were married and factors such as that.
If he dies the house will become part of his estate. Estate debts will be paid and the balance of the estate will be divided according to your particular State laws. In some States the wife gets 1/3. It varies by State.
Your husband should take care of this, should protect you in the event of his death. An Attorney is the best person to advise him concerning how to protect himself and his assets in the event of a divorce - if that is his concern - as well as how to provide for you upon his death (if that is his interest).
What does he say about this situation?
ScottGem
Feb 13, 2009, 08:15 AM
I'm surprised you were put on the loan without being on the title. But this is easily rectified for a spouse. A spouse can be added to a deed without it triggering a sale. Go to your county clerk's office and find out what the process is.