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-   -   My name is not on the deed, what now? (https://www.askmehelpdesk.com/showthread.php?t=33195)

  • Sep 2, 2006, 08:35 AM
    birdie74
    My name is not on the deed, what now?
    :confused: I plan on retaining an attorney as soon as I get the funds, but in the meantime, I have questions! We have been married for 4 years, together for a total of 12 years. First thing is our home. We bought it from his mother, no contract-just verbal. My husband took out a mortgage on it and my name is not on the deed or the mortgage. (the "mortgage money" did not go towards the home to fix it as it was supposed to-it went towards Harley he wanted)
    I do not want to move out of the house because I feel it would cause chaos and stress to move in my son's life, this is the only place we have lived and he would be leaving behind all his friends. (he is 9 years old) So what is the scoop on that, I have heard that it is illegal that my name in not on the deed or mortgage (just his and his mother) since we were married when "he" bought the house. I have paid all the utility bills (they are in my name) and some of the payments to his mother. Do I have a leg to stand on as far as the house goes? The second question I have is during our marriage, he has accumulated many guitars (some I paid for) would that be considered community property?
  • Sep 2, 2006, 11:51 AM
    Fr_Chuck
    First no it is not illegal not to put your name on a deed, as a married couple my wife and I often invest in various properties only deeded in one or the other name. To protect certain assests.

    Next unless you live in a community property state then items you own are not community property. So the state you live in.

    But most courts do view property bought while married as jointly owned reqardless of whose names is on the deed, So a divorce attorney can merely sue for 1/2 interest in the home regardless of any names on the deed.

    But do expect his mother to claim the house is stll hers and his name put on only to transfer ownership when she dies, ( yes people lie in divorce court)

    Next all the property you and he own can be divided and asked for, that is what divorce is all about plus child support payments and more.
  • Sep 2, 2006, 06:35 PM
    s_cianci
    Talk to an attorney. Your name should certainly be on the deed since you bought the house jointly. The guitars may well be considered community property, especially if you can prove that you paid for some of them.
  • Sep 3, 2006, 03:08 PM
    birdie74
    Thank you for your answers! ;)
  • Nov 30, 2011, 03:35 PM
    Unsecured
    My husband and I bought this house but it is only in his name because I have bad credit but I feel after two years I feel more secured if the house deeds has my name also
  • Nov 30, 2011, 03:40 PM
    Unsecured
    My husband and I bought this house but it is only in his name because I have bad credit but I feel after two years I feel more secured if the house deeds has my name also
  • Nov 30, 2011, 07:15 PM
    AK lawyer
    Quote:

    Originally Posted by birdie74 View Post
    ... The second question I have is during our marriage, he has accumulated many guitars (some I paid for) would that be considered community property?

    Quote:

    Originally Posted by Fr_Chuck View Post
    ...
    Next unless you live in a comunity property state then items you own are not community property. So the state you live in.
    ...

    OP appears to be in Oklahoma.

    Quote:

    Originally Posted by s_cianci View Post
    ... The guitars may well be considered community property, especially if you can prove that you paid for some of them.

    Oklahoma does not appear to be a community property state.
  • Nov 30, 2011, 08:32 PM
    cdad
    Quote:

    Originally Posted by AK lawyer View Post
    OP appears to be in Oklahoma.



    Oklahoma does not appear to be a community property state.



    You are addressing a 5 year old post that was resurected by someone today. Watch the dates. Thanks

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