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    Cherubim62's Avatar
    Cherubim62 Posts: 4, Reputation: 1
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    #1

    Feb 21, 2013, 06:43 AM
    Can my husband my name out of th deed.
    The mortgage of the house will be paid off in 3 yrs. My husband said he will award or give it to my oldest son. But I want my younger son to have a share. Now I am in the title can he just make the transfer to his oldest son. What about me my son n I ar not in good terms can I still stay in the house.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Feb 21, 2013, 06:46 AM
    If your name is on the deed as an owner then your husband cannot remove it without your consent. However your husband can transfer his share of ownership to his son.
    Cherubim62's Avatar
    Cherubim62 Posts: 4, Reputation: 1
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    #3

    Feb 21, 2013, 06:52 AM
    Can my husband remove my name in the title of the house.
    My husband said this house will be awarded to my son who is married. Can he award this to my son without me signing it.what if he awards it to my oldest son but I want the younger son to have his share can they do it.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Feb 21, 2013, 07:04 AM
    What country and state?
    Are you on the deed now?
    What do you mean 'award' - in his will? Divorce? Give outright?

    Generally, no one can remove another person's name from a deed without writing a new deed with the consent of everyone on the deed.

    If you own property such as half ownership of a house, you should have a will separate from your husband's.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #5

    Feb 21, 2013, 09:05 AM
    If you are an owner of the property then he can't "award" the entire property to your oldest son--he can only give him his share. If you and your husband each own 50% then he can give your oldest son only 50%. In order to give your oldest son the entire property you would both have to do it.

    The same thing goes for you. You can only give your share of ownership to your younger son.
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    Cherubim62 Posts: 4, Reputation: 1
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    #6

    Feb 21, 2013, 07:28 PM
    Quote Originally Posted by LisaB4657 View Post
    If your name is on the deed as an owner then your husband cannot remove it without your consent. However your husband can transfer his share of ownership to his son.
    when we applied for the loan my husband is the only one but I was on the title.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #7

    Feb 21, 2013, 07:48 PM
    Quote Originally Posted by Cherubim62 View Post
    when we applied for the loan my husband is the only one but I was on the title.
    It doesn't matter who is on the loan.
    What exactly are you trying to do here, and when?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #8

    Feb 21, 2013, 07:49 PM
    It doesn't matter if your name is not on the mortgage loan. It only matters if your name is on the deed. If your name is on the deed he cannot have it removed without your consent and he cannot transfer all of the property without your consent.
    Cherubim62's Avatar
    Cherubim62 Posts: 4, Reputation: 1
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    #9

    Feb 21, 2013, 10:00 PM
    Quote Originally Posted by LisaB4657 View Post
    It doesn't matter if your name is not on the mortgage loan. It only matters if your name is on the deed. If your name is on the deed he cannot have it removed without your consent and he cannot transfer all of the property without your consent.
    My husband n I are not in good terms right now can he force me to move out or kick me out of the house. He is put of the country right now he always threaten me to throw m stuff out of the house can he do that.what if he hurts me.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #10

    Feb 21, 2013, 10:04 PM
    He can't kick you out of the house or force you to move out. However if things are bad enough that you think he might hurt you then maybe it's time for you to see an attorney.

    If he hurts you, call the police immediately!
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