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    danawood1965's Avatar
    danawood1965 Posts: 2, Reputation: 1
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    #1

    Aug 1, 2012, 09:31 AM
    On mortgage but not on deed during divorce
    I am going through a divorce. My husband purchased our home before we got married. About three years ago he refinanced the house and I signed on the new mortgage but was not added to the deed. We live in Tennessee and I am needing to know do I have a claim in the house or would he just need to have it refinanced into his name alone and remove me from the mortgage.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 1, 2012, 09:40 AM
    Quote Originally Posted by danawood1965 View Post
    I am going thru a divorce. My husband purchased our home before we got married. About three years ago he refinanced the house and I signed on the new mortgage but was not added to the deed. We live in Tennessee and I am needing to know do I have a claim in the house or would he just need to have it refinanced into his name alone and remove me from the mortgage.
    A persons assets before a marriage Don't become community property. He WILL have to refinance to remove your name from the mortgage obligation.

    It's a tad more complicated than that. But your lawyer could better explain all the details.
    danawood1965's Avatar
    danawood1965 Posts: 2, Reputation: 1
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    #3

    Aug 1, 2012, 09:55 AM
    Quote Originally Posted by smoothy View Post
    A persons assets before a marriage Don't become community property. He WILL have to refinance to remove your name from the mortgage obligation.

    It's a tad more complicated than that. But your lawyer could better explain all the details.

    Thank you, I was thinking that it would not be joint property since he owned it prior to getting married and my name wasn't on the deed. I am on the mortgage but he is capable of refinancing it in his name alone so everything should be GREAT for both of us.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Aug 1, 2012, 11:45 AM
    Are you sure that you signed the Mortgage Note? It's possible that you signed only the Mortgage and not the Note. This is very common.

    If you are on the Mortgage but not on the Note then you are not obligated to make any payments and he does not have to refinance the loan to remove you.

    To answer your original question, no, you don't have a claim to the property.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Aug 1, 2012, 12:08 PM
    Quote Originally Posted by smoothy View Post
    A persons assets before a marriage Don't become community property. ...
    As I recall, Tennessee isn't a community property state. I believe you mean marital property.
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