Help please

[nouna]

What is the name of your state?
I MOVED IN TO LIVE IN USA 2 YEARS AGO AFTER i GOT MARRIED TO USA CITIZEN . WHEN WE BOUGHT OUR HOUSE ONE YEAR AGO MY HUSBAND DID NOT ADDED MY NAME TO THE HOUSE TITLE OR TO THE MORGTAGE . BUT HE MADE WHAT CALLED (quitclaim deed ) AND HE HAD ONLY HIS SIGNATURE ON IT !!! .
The paper tells that : he the owner of the house as a husband paid for less than 100 dollars to him and me (wife) with quitclaim convenants !!!

What does this papaer mean? is it really mean as he mentioned to me that it is a proof that he gave me half of the house ?
please help me as I have no information at all about american real estate law and I have no relatives in united state to ask about this issue

 

[HomeGuru]

What is the name of your state?
I MOVED IN TO LIVE IN USA 2 YEARS AGO AFTER i GOT MARRIED TO USA CITIZEN . WHEN WE BOUGHT OUR HOUSE ONE YEAR AGO MY HUSBAND DID NOT ADDED MY NAME TO THE HOUSE TITLE OR TO THE MORGTAGE . BUT HE MADE WHAT CALLED (quitclaim deed ) AND HE HAD ONLY HIS SIGNATURE ON IT !!! .
The paper tells that : he the owner of the house as a husband paid for less than 100 dollars to him and me (wife) with quitclaim convenants !!!

What does this papaer mean? is it really mean as he mentioned to me that it is a proof that he gave me half of the house ?
please help me as I have no information at all about american real estate law and I have no relatives in united state to ask about this issue

**A: In USA and in all other parts of the world, it is deemed bad manners to post on the internet in all capitals as it is similar to yelling or shouting.

 

[nouna]

Thank you for telling me so .as I newly learned english language and how to use computer and internet service .
I thought that free advice forum is friendly forum and not to teach people manners !!!!!!!
still hoping that a kind person will help me in answering my case .

 

[seniorjudge]

Thank you for telling me so .as I newly learned english language and how to use computer and internet service .
I thought that free advice forum is friendly forum and not to teach people manners !!!!!!!
still hoping that a kind person will help me in answering my case .

What was your question? (I don't read posts written in all caps.)

 

[nouna]

My question

Here is my question by small caps . I really need help and I really did not know that writing in big caps was a big deal . I came from underdeveloped country and I never have there computer device . anyway that is my case and hope that I will posted this time is good way!!
What is the name of your state?
I mived in to live in usa 2 years ago after I got married to american citizen . when we bought our house ,my husband did not added my name to the house title or to the morgtage . but insted he made what called (quitclaim deed paper ) and he has only his signature on it !
The paper tells that : he the owner of the house as a husband paid for less than 100 dollars to him and me (wife) with quitclaim convenants !!!

What does this papaer mean? is it really mean as he mentioned to me that it is a proof that he gave me half of the house ?
Thank you

 

[seniorjudge]

Your husband did the right thing.

Q: What does this papaer mean?
A: It means he put your name on the deed to the house.

Q: is it really mean as he mentioned to me that it is a proof that he gave me half of the house ?
A: Yes.

The $100 (or less) is not the selling price; it is consideration for the deed. It is a legal thing.

 

[nouna]

Thank you

Thank you so very much . Finally I found out the answer that I was looking for it long time ago . Really I apraciat it

 

[HomeGuru]

Thank you so very much . Finally I found out the answer that I was looking for it long time ago . Really I apraciat it

**A: so, is this paper (deed) recorded on title? And is there a due on sale clause in the mortgage?

 

[nouna]

Re : Deed

Thank you HomeGuru for your concern. (again I apologize for the big caps typing)
about :
-(deed) recorded on title -due on sale clause in the mortgage
All what I found out that : my paper has BK number on it , and that I found this document on the registry of deed web site ,and that it is full of original stamps (attest: register ) . My husband signed this paper on clausing day .
-is it enough to confirm that I am sharing the house property with my husband ?
-Is there any possible way that my husband can make this paper not effective ? as I am always wondering why he refused adding me to the house mogtage and insted he made me this paper ?

Thank you

 

[seniorjudge]

Q: is it enough to confirm that I am sharing the house property with my husband?
A: Yes

Q: Is there any possible way that my husband can make this paper not effective?
A: Not unless you get divorced and then I do not know who would get the property.

Q: as I am always wondering why he refused adding me to the house mogtage and insted he made me this paper ?
A: This is different from the mortgage; to put you on the mortgage, you would have to pay off your old loan and make a new loan.

 

[nouna]

Re

(Not unless you get divorced and then I do not know who would get the property.)

It is really hard to live in new country without knowing my legal rights

-I am having good life with my husband but do you mean if i may get divorced in the future for some reason .then I may not have the right to hold half of the house value or sell it !! I thought that by (quitclaim deed ) : he gave me the final legal right to hold half of the value of the house ,other wise what benefit i will made by getting this (quitclaim deed) ?

-why he totaly refused to add my name to the house loan ,mogtage, and house insurance and insted he prefered to make me quitclaim deed (he told me that both ways are similar ) !! hope that I did not lose my legal right to hold half the house even if i will get divorced someday ? and hope that he did not lie at me
Thank you

 

[lnghng]

If you don't have good credit score or your salary is very low, adding your name in the mortgage might cause difficulty of getting mortgage with good rate. You can ask your husband why he didn't add your name, and then you can know if the reason is sound.

Anyway, if the properties wasn't yours, when you divorced, you wouldn't be responsibile to pay the mortgage. However, if you and your husband shared the cost of the monthly mortgage or downpayment, when you divorced, you could try to get this money back and maybe even the gain from this investment.

 

[seniorjudge]

If you don't have good credit score or your salary is very low., add your name in the mortgage might cause difficulty of getting mortgage with good rate. Anyway, if you divorced, you wouldn't be responsibile to pay the mortgage if none of the properties was yours. However, if you and your husband shared the cost of the monthly mortgage or maybe even downpayment, when you divorced, you could try to get this money back.

Your first sentence is correct.

Your second is not. If a person's name is on the mortgage and promissory note, the lender can go after either or both (in addition to foreclosing on the property).

The third one is a big maybe; if there is a divorce and one spouse gets the land and the other one doesn't, the one who doesn't get the land may get part of the equity if that spouse paid on the mortgage. (This is a very general statement and there are tons of variables I haven't even discussed.)

 

[nouna]

Re

I am asking too much but really I did not understand my legal situation yet !

-I thought If for some reason I get divorced someday then by this Quitclaim deed I can get half of the house (resell it , get half of it's price ..) even though I was not working or not sharing the monthly morgtage payments?

what rights I (wife) get by getting Quitclaim deed for house property from the husband ?

Thank you

 

[lnghng]

I've just searched website regarding the quitclaim deed for you. There is one paper in the following address
http://www.azcentral.com/home/hb101/articles/0522combs22.html
So your husband is quite kind to you. Your husband has transferred 50% of the porperty title which he has owned(the equity) to you, but he is still reliable to pay the whole mortgage.

Please read the following article:

----------------------------------------------

Quitclaim removes name from title, not loan

Christopher Combs
Special for The Arizona Republic
May. 22, 2004 12:00 AM

QUESTION: When I was divorced, I agreed to pay half of the house payment until our Glendale home was sold. Unfortunately, we have not been able to sell it.

Although my ex-husband can pay his half of the house payment, he cannot qualify to refinance the home. On the other hand, I cannot afford to buy a home as long as I am making half of the payment for a home in which I do not live.

If I sign a quitclaim deed to the home to my ex-husband, and I agree that I do not want any portion of the proceeds when the home sells, will I be able to qualify for financing to buy a new home? advertisement




ANSWER: No. As a co-borrower with your ex-husband on the mortgage loan, you are liable for the loan until the lender releases you or the loan is paid. A quitclaim deed to your ex-husband will take you off only the title, and not off the mortgage loan.