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candleblack44 · Mar 4, 2008, 12:06 PM

I just got married in February because my now husband was going to be starting a new job down in Georgia and we wanted myself and our baby to be able to get insurance through his work. We are in the middle of trying to close on the house down there right now.

My husbands brother is going to be living in the house with us too. My husband was able to get the loan through his and his brothers name. Now that they're signing all of the papers on the house, they have decided to not put my name on the title.

Their explanation is because, since I'm married to him, if we were to get a divorce or if he dies, than I would be entitled to half of the house. And it doesn't seem fair for my name to be on the title because then I would own two-thirds of the house, and his brother would only own one-third. And they are the ones who are going to be splitting the cost of the house.

So... am I truly entitled to half of everything my husband owns if anything happens, including the house? Because I've been reading about community property states, and Georgia isn't one of them. I'm so confused. I don't know what to do.
My whole family is freaking out because my name isn't going to be going on the title of the house. Should I be worried, or am I okay because I'm married to him anyway?

Please help!!

If anybody has an answer to this question, please let me know as soon as possible! Please!
Thank you.

LILL · Mar 4, 2008, 12:30 PM

If anything should happen to your husband... full ownership would go to the brother... you would be entitled to nothing if your name is not on the deed.

Marriedguy · Mar 4, 2008, 12:54 PM

Sounds like you are mixing issues here. Health benefits: After you got married all your husband had to do is add you to his health benefits at his job. Most jobs require proof of marriage and proof of birth for the children.

Yes, if they put you on the title without additional documentation you would be entitled to 1/3 however that is not what you are asking for. Since the house is half your husbands' and half your bother-in-laws'. You should be entitled to half of your husbands share. Which would equal 1/4 of the house.

I'm no real estate expert but I'm 90% sure its possible to stipulate at the closing that 1/4 for you, 1/4 for your husband and 2/4 for the brother-in-law. I would contact a restate lawyer.

Hope this helped

ScottGem · Mar 4, 2008, 12:59 PM

I wouldn't freak about it, but, if Georgia isn't a community property state then you might not get any part of the house. What's worse is that your husband is not telling you the whole truth.

JudyKayTee · Mar 4, 2008, 01:35 PM

[QUOTE=Marriedguy]Sounds like you are mixing issues here. Health benefits: After you got married all your husband had to do is add you to his health benefits at his job. Most jobs require proof of marriage and proof of birth for the children.

Yes, if they put you on the title without additional documentation you would be entitled to 1/3 however that is not what you are asking for. Since the house is half your husbands' and half your bother-in-laws'. You should be entitled to half of your husbands share. Which would equal 1/4 of the house.

I'm no real estate expert but I'm 90% sure its possible to stipulate at the closing that 1/4 for you, 1/4 for your husband and 2/4 for the brother-in-law. I would contact a restate lawyer.

I believe you are not correct about putting her on the "title" - the Board goes 'round and 'round about this and it is at the discretion of the lender in most cases. The lender doesn't want a person who is not on the mortgage to have an interest in the house - where would they go for payment if the mortgage holder defaulted and one of the owners had no interest in that same mortgage? You cannot stipulate anything at closing that is contrary to the mortgage.

You are not correct about the OP being entitled to half of her husband's share in the house upon his death. He owns it jointly with his brother; upon his passing it goes in the entirety to the brother.

If you are thinking a wife is entitled to 1/3 of the husband's assets upon his death - which may or may not be the case where she is - that is 1/3 of property held in his name alone, not property held jointly with anyone else.

In this situation you cannot stipulate who gets what at time of death - ownership is controlled by the Deed which is 1/2 and 1/2. For that matter the husband can't even leave his share to the wife by Will unless they have a very specific Deed which covers that eventuality and those are few and far between.

LILL · Mar 4, 2008, 01:37 PM

If the brother is listed jointly on the deed... with right of surviorship.. then wife would be entitled to nothing as far as the home goes.

JudyKayTee · Mar 4, 2008, 01:41 PM

[QUOTE=candleblack44]I just got married in February because my now husband was going to be starting a new job down in Georgia and we wanted myself and our baby to be able to get insurance through his work. We are in the middle of trying to close on the house down there right now.

My husbands brother is going to be living in the house with us too. My husband was able to get the loan through his and his brothers name. Now that they're signing all of the papers on the house, they have decided to not put my name on the title.

Their explanation is because, since I'm married to him, if we were to get a divorce or if he dies, than I would be entitled to half of the house. And it doesn't seem fair for my name to be on the title because then I would own two-thirds of the house, and his brother would only own one-third. And they are the ones who are going to be splitting the cost of the house.

So... am I truly entitled to half of everything my husband owns if anything happens, including the house? Because I've been reading about community property states, and Georgia isn't one of them. I'm so confused. I don't know what to do.
My whole family is freaking out because my name isn't going to be going on the title of the house. Should I be worried, or am I okay because I'm married to him anyway?

All else aside I personally would be very, very unhappy if my husband and his brother ("they") decided not to put my name on the title and then "they" explained their reasons to me. Whether your husband should be thinking about the eventuality of a divorce is up to relationship people. Your husband and his brother will own the house and you will stay or go at their whim.

For that matter I'm not interested in living with my husband, our baby - and his brother.

And, yes, if I were your family I'd be freaking out, too.

JudyKayTee · Mar 4, 2008, 01:50 PM

[QUOTE=Marriedguy]Sounds like you are mixing issues here. Health benefits: After you got married all your husband had to do is add you to his health benefits at his job. Most jobs require proof of marriage and proof of birth for the children.

I believe they have not been married "all along;" I think OP got married in order to take advantage of the health insurance and husband's job is in Georgia.

Fr_Chuck · Mar 4, 2008, 02:36 PM

If he and his brother both own 1/2 of the house, at divorce she would have gotten 1/2 of her husbands interest or 1/4 of the home.
The isssue may also be that the mortgage company would have to OK her being on the deed. If he and his brother bought the home before you were married to him, most likely you would not be entired to the house at divorce, just at this death.

But having his brother living in the house with you and your husband is not a good idea to start with.

JudyKayTee · Mar 4, 2008, 03:53 PM

Candleblack44 - I have no idea why you red flagged me.

As I understood it you "just" got married in February because your new husband has a new job in Georgia and wanted you and your baby to be able to get health insurance through his work. Therefore, you are moving to Georgia where your husband and his brother are buying a house and you're not going to be on the title.

Marriedguy said you are mixing issues and all your husband had to do is add you to his health insurance.

I said I believe you have not been married "all along;" you got married in order to take advantage of the health insurance and husband's job is in Georgia.

What did I say that was so incorrect you flagged me?

JudyKayTee · Mar 4, 2008, 03:59 PM

Originally Posted by Fr_Chuck

If he and his brother both own 1/2 of the house, at divorce she would have gotten 1/2 of her husbands interest or 1/4 of the home.
The isssue may also be that the mortage company would have to ok her being on the deed. If he and his brother bought the home before you were married to him, most likely you would not be entired to the house at divorce, just at this death.

But having his brother living in the house with you and your husband is not a good idea to start with.

In NYS at the time of the divorce part of her settlement would be the cash equivalent of half of her husband's half under most circumstances. I think we're saying the same thing, just different phrasing.

She would not get any of his actual titled interest in the home - she would never own part of the home.

(PS - I think it's not a very good idea to criticize the husband.)

Marriedguy · Mar 4, 2008, 04:03 PM

My spider sense tiggle when poster leave out important information. You got married in last month? How old is your child? How long have you two been together? The way you worded in the beginning made it seem that you got married so you and your son/daughter could get medical benefits. Help us help you.

Marriedguy · Mar 5, 2008, 07:55 AM

@ JudyKayTee understand exactly where you are coming from. At first I thought they got marriage just so she could get the health benefits. So I started to advise her that most jobs I know allow you to add a domestic partner, so that would have took care of her, and their child would have be covered regardless.

Then the living situation a married couple and the brother in law. I thought that was weird but it could have been a two family home.

Then you have whole title thing... husband and brother law buy a house and she is left with nothing. Doesn't sound like a good situation. It does sound like she has a lot of say in the relationship. Most couple what to start fresh new house together, mini-van , etc.

When the husband suggested this joint venture... most women would have shot that plane down before it could get off the run way.