Why must he sign the Deed

[debra123]

What is the name of your state? Tennessee

I purchased a new home 7 years ago before my husband and I married. The mortgage remains in my maiden name. I have made several attempts to have the name changed to my married name but to no avail. Recently I went to the bank to take out an equity line of credit on the home. The bank representative told me that he would be required to sign the deed before they could proceed with the transaction. I do not want his name on the deed. What options are available for me to keep his name off the deed? My husband does not want his name on the deed.

 

[BelizeBreeze]

What options are available for me to keep his name off the deed?

are you sure they said deed and not Mortgage?

 

[debra123]

are you sure they said deed and not Mortgage?

Correct Deed? That's why I am soooooo confused. Even if it was the mortgage they are using only my credit. My name is the only one that shows up on the current mortgage. I do not want him to have access to the home.

HELP

 

[BelizeBreeze]

Correct Deed? That's why I am soooooo confused. Even if it was the mortgage they are using only my credit. My name is the only one that shows up on the current mortgage. I do not want him to have access to the home.

HELP

O.K. a quick lesson in re-financing. The reason they want your husband's name on the mortgage is because if you go belly up, then he, as your husband, will have to pay them.

The mortgage and DEED are two separate things. His name does not have to be on the deed to be on the mortgage.

 

[debra123]

To me this makes no sense. There was no such request at the time of the original purchase. They were not provided a "back up plan” then. They only had my name and credit. Why now is it so da-- important? I am asking that only my information be used to obtain the 2nd mortgage. That I be the only one held accountable for repayment. The house itself is the collateral… I DO NOT want his name on the deed or the mortgage. There must be a way around this……………….

 

[BelizeBreeze]

There must be a way around this……………….

There are two ways around this:

1. find another lender;
2. divorce him.

 

[ShyCat]

No, I'll bet it's not the deed or the mortgage. I also bought a house in Tennessee before marrying my husband. The deed and mortgage are solely in my name. After we married, my husband had to sign a document acknowledging that he knew I was adding a home equity loan. He had to do the same thing again years later when I re-financed. As explained to me, his signature on that one piece of paper was required because he has a marital interest.

 

[HomeGuru]

Searh dower and curtsey rights as they may apply.

 

[wfmommies]

Would divorce really help?

My situation is the same except my mortgage is upside down and my husband did sign on the refinance although he was not initially on the deed or mortgage.
If divorce would help I would divorce my husband and file bankruptcy as I do not think it fair that he be saddled with my horrendous debt that I had when we met.
We may remarry once it is over. I know this is drastic but if it would help I'd do it. What do you think? Would divorce free him from debts I had before we married?

Thanks very much for any and all comments or help
Denise
Texas

 

[HomeGuru]

My situation is the same except my mortgage is upside down and my husband did sign on the refinance although he was not initially on the deed or mortgage.
If divorce would help I would divorce my husband and file bankruptcy as I do not think it fair that he be saddled with my horrendous debt that I had when we met.
We may remarry once it is over. I know this is drastic but if it would help I'd do it. What do you think? Would divorce free him from debts I had before we married?

Thanks very much for any and all comments or help
Denise
Texas

**A: please start your own new thread.