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karenmcintosh
Aug 9, 2010, 06:13 AM
I have lived with a man for 11 years and we were going to buy a beach home together. I signed the initial paperwork, then we decided to get married. While I was making all of the wedding plans, he got the mortgage only in his name by having me sign paperwork to remove me from the initial paperwork ( I blinded signed just thinking that it was for the mtg.) Then he asked me for $12,000 to have enough for closing, which I gave saying "soon everything will be ours together. Now the house is only in his name and he says that I gave him a loan. If I marry him and down the line, we get divorced, will the house be only his?

AK lawyer
Aug 9, 2010, 06:40 AM
... If I marry him and down the line, we get divorced, will the house be only his?

You should start your own thread, and not attach a new question on a thread started by someone else.

But are you seriously considering marrying this guy after he did this to you? As P.T. Barnum once said, "there's a sucker born every minute."

ebaines
Aug 9, 2010, 10:51 AM
It's a little unclear what you mean by "paperwork." If his is the only name on the mortgage, that simply means that he has agreed with the bank to be the only one responsible for the loan. That's not too bad for you. But if his is the only name on the deed, then indeed it is his house, and not yours. If you get divorced you should be able to get your $12K back, but what happens to any additional equity in the house would depend on factors such as whether you are in a community property state. If this man is expecting you to help pay the mortgage, taxes, insurance, repair bills etc then you need to be added to the deed.

karenmcintosh
Aug 9, 2010, 11:30 AM
What I mean by paperwork was the initial offer that was accepted by the seller, prior to applying for the mtg. I expected my name to be on the mtg but he deceived me by getting me to sign forms (while I was busy doing something else) that had my name removed so that he could put it solely in his name. Then taking the $12,000 to make the down payment. I do not intend to marry him now but would like to know what the law says if I did marry him then years later get divorced. Would it be considered his prior to marriage and go only to him??

ScottGem
Aug 9, 2010, 11:36 AM
In the future, please don't piggy back your question on someone else's. This can lead to confusion so I've moved your question to its own thread.

ANY question on the law needs to include your general area as laws vary by area. If you can prove the $12K was your buy in to the house you may be able to claim part of it as marital property. But if his name is the only one on the deed and the purchase occurred prior to marriage that's a long shot.

If he's saying the $12K was a loan, then sue him fro the return of the loan and get out of this relationship.